55 Van Natta 4241 (2003). EDWARD A. MIRANDA, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4241 (2003). EDWARD A. MIRANDA, Claimant 4241In the Matter of the Compensation of EDWARD A. MIRANDA, ClaimantOwn Motion No. 02-0237MOWN MOTION ORDER EVIEWING CARRIER CLOSUREMustafa T Kasubhai PC, Claimant Attorneys Karen Jensen, SAIF Corporation, Insurance CarrierReviewing Panel: Members Biehl and Langer.Claimant requests review of that portion of the SAIF Corporation's August 27, 2002 Notice of Own Motion Claim Closure (and September 23, 2002 Amended Notice of Own Motion Claim Closure) that awarded 13 percent (41.6 degrees) unscheduled permanent disability for his "new medical conditions" ("L4-5 disk herniation, L3-4 annular protrusion of the disk, and L5-S1 disk herniation"). ORS 656.278(1)(b), (2)(d) (2001). SAIF requests a reduction of the award based on the medical arbiter's findings. We modify the Own Motion Notice of Closure to decrease claimant's additional unscheduled permanent disability award for his new medical conditions from 13 percent (41.6 degrees) to 7 percent (22.4 degrees). FINDINGS OF FACT On July 22, 1987, claimant sustained a compensable low back injury, which SAIF accepted as a disabling acute lumbar strain. In February 1988, claimant underwent a microlumbar diskectomy on the left at L3-4, and on the right at L4-5. The claim was first closed on September 29, 1988 with an award of 19 percent (60.8 degrees) unscheduled permanent disability. Claimant's aggravation rights expired five years from that date. In December 1989, claimant underwent additional surgery consisting of a microlumbar decompression, L5-S1, on the left, and L3-4, on the left, and a diskectomy at L5-S1. A September 1990 Notice of Closure awarded claimant an additional 9 percent unscheduled permanent disability, for a total award of 28 percent unscheduled permanent disability. A January 1991 Stipulation awarded claimant an additional 4 percent unscheduled permanent disability, for a total award of 32 percent unscheduled permanent disability. In March 1996, claimant underwent a third surgery consisting of "left L3-4, L4-5, and L5-S1 decompression and recurrent L5-S1 diskectomy." The claim was reopened by an April 1996 Own Motion Order and closed in June 1997. Claimant was declared medically stationary on May 31, 1997 and released to his work as a river guide. 55 Van Natta 4241 (2003) 4242 On May 8, 2001, claimant requested that SAIF accept several new medical conditions related to the 1987 injury claim. In November 2001, SAIF agreed to accept the following conditions: L4-5 disk herniation, L3-4 annular protrusion of the disk, and L5-S1 disk herniation. In March 2002, SAIF voluntarily reopened claimant's claim for the "post-aggravation rights" new medical conditions under ORS 656.278(1)(b) (2001) by submitting a 3501 Form to the Workers' Compensation Division. On March 6, 2002, claimant underwent his fourth surgery (an L5 root decompression on the left). On July 15, 2002, claimant underwent a second level physical capacity evaluation (PCE) that included measurements for strength and ranges of motion for the lumbar spine. The PCE evaluation determined that claimant's Residual Functional Capacity (RFC) was "Sedentary/Light." On July 25, 2002, Dr. Peterson, claimant's attending physician, agreed with the PCE and declared claimant medically stationary. On August 27, 2002, as corrected September 23, 2002, SAIF issued an Own Motion Notice of Closure that awarded an additional 13 percent (41.6 degrees) unscheduled permanent disability benefits, bringing the total award to date to 45 percent...