55 Van Natta 2185 (2003). ROY A. LOHSE, Claimant.

• Case Date: June 25, 2003
• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 2185 (2003). ROY A. LOHSE, Claimant 2185In the Matter of the Compensation ROY A. LOHSE, ClaimantWCB Case No. 02-03091, 01-09987ORDER ON REVIEWScott M Mcnutt Jr, Claimant Attorneys Hoffman Hart and Wagner, Defense Attorneys James B Northrop, SAIF Legal, Defense AttorneysReviewing Panel: Members Biehl and Langer.The SAIF Corporation requests review of those portions of Administrative Law Judge (ALJ) Martha Brown's order that: (1) set aside its denials of claimant's "new injury" claim for a low back strain condition; and (2) upheld Crawford and Company's denial of the same condition. On review, the issues are compensability and responsibility. We reverse. FINDINGS OF FACT We adopt the ALJ's findings of fact, which we supplement and summarize as follows. Claimant has worked at the same paper mill for about 28 years; ownership of the mill changed several times over that period. Claimant has a low back condition dating back to a November 1977 injury that resulted in, among other things, a compression fracture at L2. In July 1997, claimant injured his low back while working for the employer (then called Smurfit). Claimant also had pain radiating into his right leg. In February 1998, claimant reinjured his low back while lifting ductwork. He again felt pain into his right leg. Claimant was taken off work. After litigation, the employer (whose claims are administered by Crawford) accepted L5-S1 lumbar strain, neuropathy L2-3 nerve root, lumbar strain, L5-S1 disc condition, L5-S1 nerve root condition, degenerative disc disease of the lumbar spine, and pain at the L3-S1 levels. On September 6, 2001, claimant reinjured his low back at the employer (now called Blue Heron and insured by SAIF) while pulling a grate from a rack. He treated with Dr. Cook. On November 8, 2001, claimant was examined by Dr. Woodward, on behalf of SAIF. On November 19, 2001, SAIF denied claimant's "new injury" claim for his low back condition. 55 Van Natta 2185 (2003)2186On January 16, 2002, Dr. Cook concurred with Dr. Woodward's report. On March 14, 2002, SAIF denied compensability and responsibility for claimant's "new injury" claim. On March 27, 2002, Dr. Cook checked boxes in response to a letter from SAIF indicating that the September 2001 incident was a waxing and waning of the 1998 injury. On April 17...