55 Van Natta 4155 (2003). VINCENT L. MULLINGS, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4155 (2003). VINCENT L. MULLINGS, Claimant 4155In the Matter of the Compensation of VINCENT L. MULLINGS, ClaimantWCB Case No. 02-09066ORDER ON REVIEWLinerud Law Firm, Claimant Attorneys Reinisch Mackenzie et al, Defense AttorneysReviewing Panel: Members Langer and Kasubhai.The self-insured employer requests review of Administrative Law Judge (ALJ) Stephen Brown's order that awarded claimant 7 percent (22.4 degrees) unscheduled permanent disability award for a low back condition, whereas an Order on Reconsideration had awarded none. On review, the issue is extent of unscheduled permanent disability. We reverse. FINDINGS OF FACT We adopt the ALJ's findings of fact with the following change. In the second paragraph on page 2, we change the second sentence to reflect that lumbar flexion was 28 degrees. CONCLUSIONS OF LAW AND OPINION Claimant compensably injured his low back in April 2002 and the employer accepted a lumbar strain. (Ex. 18). Dr. Arthur released him to regular work on September 3, 2002, and found that claimant had no permanent impairment. (Ex. 48). A September 5, 2002 Notice of Closure did not award any permanent disability. (Ex. 50). Claimant requested reconsideration and Dr. Ireland performed a medical arbiter examination in October 2002. (Ex. 55). A November 26, 2002 Order on Reconsideration affirmed the Notice of Closure. (Ex. 56). The ALJ found that, based on Dr. Ireland's exam, only the finding for lumbar flexion was invalid. The ALJ found that claimant passed the validity test for extension, right lateral flexion and left lateral flexion, and awarded 7 percent unscheduled permanent disability for claimant's reduced lumbar range of motion. The employer argues that the ALJ erred in awarding unscheduled permanent disability. The employer contends that neither the medical arbiter nor the attending 55 Van Natta 4155 (2003)4156 physician reported objective findings to support an unscheduled permanent disability award. For the following reasons, we agree with the employer. For the purpose of rating permanent disability, only the opinions of claimant's attending physician at time of claim closure, other medical findings with which the attending physician concurred, and the findings of the medical arbiter may be considered. See ORS 656.245(2)(b)(B); ORS 656.268(7); ...