55 Van Natta 4253 (2003). KENNETH PRAY, Claimant.

CourtOregon
Oregon Workers Compensation 2003. 55 Van Natta 4253 (2003). KENNETH PRAY, Claimant 4253In the Matter of the Compensation of KENNETH PRAY, ClaimantOwn Motion No. 03-0376MOWN MOTION ORDER REVIEWING CARRIER CLOSURERaymond Bradley, Claimant Attorneys Vavrosky Maccoll Olson et al, Defense AttorneysReviewing Panel: Members Kasubhai and Langer.Claimant requests review of that portion of the self-insured employer's August 19, 2003 "Notice of Closure: Own Motion Claim" (Notice of Closure) that closed his "worsened condition" claim with an additional permanent disability award resulting in a total award of permanent partial disability of 33 percent (105.60 degrees) unscheduled permanent disability for claimant's right shoulder condition. In his request for review, claimant asserts his entitlement to additional permanent disability benefits. In addition he requests the appointment of a medical arbiter to evaluate permanent impairment and the award of an assessed attorney fee. We modify. FINDINGS OF FACT On February 15, 1996, claimant sustained a compensable right shoulder injury. The employer accepted a nondisabling right shoulder supraspinatus strain, right forearm strain and left elbow strain. (Ex. 5). Claimant's aggravation rights expired in February 2001. The employer accepted a claim for aggravation in March 1999, which resulted in an award of temporary disability and a 5 percent (16 degrees) award of unscheduled permanent disability for claimant's right shoulder condition. (Exs. 28, 32). In June 2001, claimant was evaluated for complaints of right shoulder pain and weakness. (Ex. 40-1) His attending physician, Dr. Adams, diagnosed chronic impingement with a small rotator cuff tear. (Ex. 49) Surgical treatment was recommended. (Exs. 49, 53). On July 11, 2002, the employer submitted a "Carrier's Own Motion Recommendation," recommending that the claim be reopened for a worsening of claimant's compensable condition. On August 7, 2002, as reconsidered August 27, 55 Van Natta 4253 (2003)4254 2002, we reopened the claim pursuant to ORS 656.278(1)(a) (2001). (WCB Case No. 02-0177M). (Ex. 66). Claimant underwent a right shoulder arthroscopy, arthroscopic subacromial decompression, arthroscopic distal clavicle excision, and arthroscopic rotator cuff repair. (Ex. 64-1). On September 25, 2002, he requested that the employer enlarge its...

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