55 Van Natta 4271 (2003). STEVEN T. ROY, Claimant.

CourtOregon
Oregon Workers Compensation 2003. 55 Van Natta 4271 (2003). STEVEN T. ROY, Claimant 4271In the Matter of the CompensationSTEVEN T. ROY, ClaimantWCB Case No. 03-01668ORDER ON REVIEWLinerud Law Firm, Claimant Attorneys Alice M Bartelt, SAIF Legal, Defense AttorneysReviewing Panel: Members Biehl and Lowell.The SAIF Corporation requests review of Administrative Law Judge (ALJ) Johnson's order that set aside its denials of claimant's injury claim for a right shoulder condition. On review, the issue is compensability. We adopt and affirm the ALJ's order with the following supplementation. The ALJ set aside SAIF's denial, finding the medical opinion of claimant's attending physician and surgeon, Dr. Jacobson, more persuasive than that of an examining physician, Dr. Schilperoort. On review, SAIF argues that the ALJ's evaluation of the medical evidence was incorrect. Among other contentions, SAIF asserts that the ALJ, himself, misunderstood the mechanism of injury when he discounted Dr. Schilperoort's medical opinion for failing to correctly understand the mechanics of the alleged injury. We do not find SAIF's argument persuasive. The ALJ "visualized" claimant, a framer, as jumping into a rafter area and then pulling himself up like a gymnast when he injured his shoulder. Concluding that Dr. Schilperoort only visualized that part of claimant's motion that was similar to raising himself up from an arm chair, the ALJ determined that Dr. Schilperoort did not have the correct mechanics in mind when he rendered his opinion. We acknowledge that claimant testified that his injury occurred when he was pushing down with each of his arms while trying to raise his body. (Tr. 9). This is similar to the description of the injury that Dr. Schilperoort received and that led him to conclude that the mechanism of injury could not have resulted in claimant's alleged right shoulder...

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