55 Van Natta 4199 (2003). ROBERT L DALTON, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4199 (2003). ROBERT L DALTON, Claimant 4199In the Matter of the Compensation of ROBERT L DALTON, ClaimantWCB Case No. 03-00282ORDER ON REVIEWLourdes Sanchez PC, Claimant Attorneys Vavrosky Maccoll et al, Defense AttorneysReviewing Panel: Members Lowell and Biehl.The self-insured employer requests review of Administrative Law Judge (ALJ) McWilliams' order that awarded an additional 6 percent (9 degrees) scheduled permanent disability for quadriceps weakness and an unspecified amount for left knee ligament disability, whereas an Order on Reconsideration had not granted additional scheduled permanent disability beyond claimant's previous 15 percent (22.5 degrees) award. On review, the issue is extent of scheduled permanent disability. We reverse. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact" with the exception of the "Ultimate Findings of Fact." We summarize as follows: Claimant has an accepted claim for acute left knee strain. (Ex. 8). As a result of this condition, claimant underwent arthroscopic surgery and chondroplasty. (Ex. 12-1). In September 2000, the claim was closed, awarding 15 percent scheduled permanent disability: 6 percent for quadriceps weakness, 4 percent for hamstring weakness, and 5 percent for his left knee surgery. (Ex. 25-2). In July 2001, claimant's attending physician, Dr. Wuest, reported that claimant's condition had worsened. (Ex. 28). The employer reopened the claim as an aggravation of claimant's left knee strain. (Ex. 43). In June 2002, Dr. Wuest performed a closing examination. Claimant had atrophy in his left quadriceps with "no gross instability of the knee." (Ex. 61-1). Dr. Wuest further noted that claimant had 4/5 strength of his quadriceps on the left. (Id.) On July 17, 2002, a Notice of Closure closed the claim without an additional award beyond the previous 15 percent scheduled permanent disability 55 Van Natta 4199 (2003) 4200 award. (Ex. 64-1). An Order on Reconsideration affirmed the Notice of Closure.1 (Ex. 70-4). Claimant requested a hearing. In his closing argument, claimant requested additional impairment for instability of the medial and lateral collateral ligaments, hamstring weakness, and quadriceps atrophy. (Hearing File.) CONCLUSIONS OF LAW AND OPINION In awarding additional scheduled permanent disability, the ALJ...