55 Van Natta 4114 (2003). ROGER D. CANDLER, Claimant.

CourtOregon
Oregon Workers Compensation 2003. 55 Van Natta 4114 (2003). ROGER D. CANDLER, Claimant 4114In the Matter of the Compensation of ROGER D. CANDLER, ClaimantOwn Motion No. 03-0432MOWN MOTION ORDER REVIEWING CARRIER CLOSUREMalagon Moore et al, Claimant Attorneys SAIF Legal, Defense AttorneysReviewing Panel: Members Lowell and Biehl.Claimant requests review of the SAIF Corporation's August 14, 2003 "Notice of Closure: Own Motion Claim" that awarded an additional 14 percent (18.9 degrees) scheduled permanent disability for loss of use or function of his left foot due to his "post-aggravation rights" new medical conditions (left foot osteomyelitis, hammer toes/ neuroma regarding left 3rd and 4th toes, and left foot bunion of 1st metatarsal). ORS 656.278(1)(b), (2)(d) (2001). We modify the Own Motion Notice of Closure to increase claimant's scheduled disability award for his new medical conditions from 14 percent (18.9 degrees) to 15 percent (20.25 degrees), for a total award to date of 48 percent (64.8 degrees). FINDINGS OF FACT On December 17, 1986, claimant sustained a disabling compensable injury. The claim was accepted for "nail puncture wounds left foot." (Ex. 4). A June 1987 Determination Order awarded 15 percent scheduled permanent disability for loss of use or function of the left foot. (Ex. 5). In August 1988, claimant underwent an amputation of the 2nd toe and metatarsal and repositioning of the great toe metatarsal. (Ex. 6-1). A May 22, 1989 Determination Order awarded 33 percent scheduled permanent disability for loss of use or function of the left foot. (Ex. 5). In February 1991, the claim was reopened for additional surgery consisting of: (1) a bunionectomy; (2) osteotomies, 3rd and 4th metatarsals; (3) arthrodesis with pinning fixation/Steinman pin/IP joints, 3rd and 4th digits; (4) arthroplasty, 5th digit; (5) excision of neuroma between 3rd and 4th interspaces; (6) removal of broken plate and 3 ½ screws; and (7) arthrotomies, MP joints, 3rd, 4th and 5th toes. (Ex. 8). A September 1991 Notice of Closure awarded an additional 1 percent scheduled permanent disability for a total of 34 percent of the left foot. (Ex. 10). 55 Van Natta 4114 (2003)4115 An October 1991 Order on Reconsideration reduced the award to 33 percent scheduled permanent disability for the left foot. (Ex. 13). On July 16, 2002, pursuant to ORS 656.278(1)(a) (2001), we reopened claimant's Own Motion left foot claim for a worsened condition. (Ex. 21). In September 2002, claimant underwent a resection of a neuroma, left third interspace, with amputation of the 2rd, 4th and 5th toes. (Exs. 24; 35). Dr. Nicola, claimant's treating surgeon, determined that claimant was medically stationary on May 1, 2003. (Ex. 31). On March 27, 2003, claimant requested that SAIF accept "osteomyelitis in the left foot and multiple hammer toes to the left 3rd and 4th digits, left foot bunion, 1st metatarsal, and neuroma between 3rd and 4th metatarsals left foot" as new medical conditions. (Ex. 32). On April 17, 2003, SAIF issued a Notice of Voluntary Reopening (Form 3501), reopening the claim for the aforementioned new...

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