55 Van Natta 4317 (2003). STANLEY J. ALLISON, Claimant.
Court | Oregon |
Oregon Workers Compensation
2003.
55 Van Natta 4317 (2003).
STANLEY J. ALLISON, Claimant
4317In the Matter of the Compensation of STANLEY
J. ALLISON, ClaimantWCB Case No. 02-09500, 02-05219ORDER ON REVIEWStebbins and Coffey, Claimant Attorneys
Julie Masters, SAIF Legal, Defense AttorneysReviewing Panel: Members Kasubhai and
Langer.Claimant requests review of
Administrative Law Judge (ALJ) Spangler's order that upheld the SAIF
Corporation's denials of claimant's occupational disease/new medical condition
claim for a bilateral knee arthritis condition. On review, the issue is
compensability. We reverse in part and affirm in part. FINDINGS OF FACT Claimant began working for
SAIF's insured in 1999 as a yard engineer. Between
1974 and 1979, he performed heavy work as a choker setter and rig slinger. This
routinely involved carrying blocks weighing 70 to 100 pounds and dragging hay
wire that was 200 to 300 feet long, while traversing up and down hillsides.
Despite such work, claimant had no symptoms or pain in his knees. Between 1981 and 1986, claimant worked for various employers
as a hook tender and yarder operator. He also still did some choker setting and
rigging. The ground was rarely even, and was usually rough. During this time,
claimant also carried some heavy equipment. During an average day, he would
make three to four "road" changes, which involved carrying blocks that weighed
from 700 to 100 pounds across a road. Nonetheless,
between 1981 and 1986, his work as a yarder operator was not as difficult as
his prior work as a choker setter. In the yarder, he sat in the cab pushing arm
and foot pedals. But, he only operated the yarder 10 to 20 percent of the time
in those years. He was still "ground pounding" the rest of the time. (Tr. 21).
From 1986 to 1989, claimant worked as a commercial
fisherman. This job entailed lifting and carrying fishing gear that weighed up
to 100 pounds. He would bend and flex his legs to deal with the pitch and roll
of the vessel. (Tr. 22). From 1989 until the time of
his October 2001 injury, claimant's principal occupation has been logging. (Tr.
23). Until the time claimant went to work for SAIF's
insured in 1999, he worked as an equipment operator with job duties 55 Van Natta 4317 (2003)4318
similar to those he had during his previous
employment in the logging industry between 1981 and 1986. In May 1999, claimant began working for SAIF's insured as a yard
engineer, which included operating a yarder and a skidder. Depending on the
workload, claimant operated the yarder as little as two times a day, and as
much as 10 times a day. (Tr. 28). For 70 percent of the time, he operated a
yarder that had a ladder system all the way to the ground. (Tr...
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