55 Van Natta 4249 (2003). DOUGLAS L. BECHTOLD, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4249 (2003). DOUGLAS L. BECHTOLD, Claimant 4249In the Matter of the Compensation ofDOUGLAS L. BECHTOLD, ClaimantOwn Motion No. 03-0316MOWN MOTION ORDERRobert J Guarrasi Claimant Attorneys Johnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Lowell and Kasubhai.The insurer has submitted a "Carrier's Own Motion Recommendation," indicating that claimant requests reopening of his 1985 leg injury claim for a "post-aggravation rights" new medical condition (C5-7 herniated discs). ORS 656.278(1)(b) (2001). The insurer recommends against reopening the claim. Based on the following reasoning, we deny claimant's request for Own Motion relief. FINDINGS OF FACT We adopt the ALJ's findings of fact and provide the following summary.1 Claimant compensably injured his left leg in January 1985. His claim was closed in November 1990 with an award of 70 percent scheduled permanent disability of the left leg. Claimant's leg injury caused a 1 ¾ inch discrepancy in leg length, which resulted in an altered gait. In 1998, claimant complained of low back and neck pain, in addition to continuing problems involving his left leg and foot. In July 2001, claimant was seen by Dr. Schlessinger concerning his shoulder and neck pain. X-rays revealed degenerative disc changes at C5-6 and C6-7. An August 2001 MRI disclosed disc herniations at C5-6 and C6-7. Dr. Parvin examined claimant on August 17, 2001 and performed cervical disc surgery five days later. He identified claimant's altered gait as the major contributing cause of the disc herniations at C5-6 and C6-7. Dr. Parvin explained that while cervical disc degeneration is normal, claimant's degree of degeneration was much greater than would be expected for his age. He indicated that claimant's 1 As explained in this order, claimant was a party to a hearing that was held before Administrative Law Judge (ALJ) Brazeau on December 26, 2002. WCB Case No. 01-08571. We make these findings based on the record developed at that hearing. 55 Van Natta 4249 (2003) 4250 17 years of walking with an altered gait caused a "rippling" effect throughout his spine which contributed to "grossly accelerating" degenerative changes. Claimant was seen by Dr. White, an insurer-arranged medical examiner, in March 2002. Dr. White reviewed claimant's medical...