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