55 Van Natta 4356 (2003). ROBERT B. BECKLEY, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4356 (2003). ROBERT B. BECKLEY, Claimant 4356In the Matter of the Compensation of ROBERT B. BECKLEY, ClaimantOwn Motion No. 03-0331MOWN MOTION ORDER REVIEWING CARRIER CLOSUREPhilip H Garrow, Claimant Attorneys Lucia Mantilla, Sedgwick Claims Mgmt Svcs, Insurance CarrierReviewing Panel: Members Lowell and Biehl.Claimant requests review of the self-insured employer's July 16, 2003 "Notice of Closure: Own Motion Claim" that awarded an additional 33 percent (49.5 degrees) scheduled permanent disability for loss of use or function of his right forearm due to his "post-aggravation rights" new medical condition (right scapholunate advance collapse).1 ORS 656.278(1)(b), (2)(d) (2001). We modify the Own Motion Notice of Closure to increase claimant's scheduled permanent disability award for his new medical condition from 33 percent (49.5 degrees) to 34 percent (51 degrees), for a total award to date of 36 percent (54 degrees). FINDINGS OF FACT On January 17, 1996, claimant sustained a disabling right wrist injury. The claim was accepted for "right wrist arthritis." (Ex. 6). A November 14, 1996 Determination Order awarded 2 percent (3 degrees) scheduled permanent disability for loss of use or function of the right forearm (wrist). (Ex. 3). Claimant's aggravation rights expired on November 14, 2001. On May 9, 2002, claimant underwent surgery by Dr. Mara, consisting of: (1) right wrist scaphoidectomy, four-corner arthrodesis; (2) radial styloidectomy; and (3) posterior interosseous nerve neurectomy. (Ex. 8). On July 16, 2002, the employer voluntarily reopened the Own Motion claim, for a "worsening," by submitting a Form 3501 to the Workers' Compensation Division, Benefits and Policy Services Section pursuant to OAR 438-012-0030. (Exs. 12, 14, 22). 1 Claimant previously received an award of 2 percent (3 degrees) by a November 14, 1996 Determination Order. Therefore, the July 16, 2003 Notice of Closure's increased award of 33 percent represents a total award of 35 percent scheduled permanent disability. 55 Van Natta 4356 (2003)4357On January 24, 2003, claimant was examined, at the employer's request, by Dr. Fax, an orthopedic surgeon, for the purpose of impairment rating. (Ex. 20). The attending physician, Dr. Mara, concurred with Dr. Fax's January 2003 report. (Ex. 23). Dr. Fax's examination revealed the following wrist ranges of motion (right/left): dorsiflexion, 33/60; palmar flexion, 7(25)/20; radial deviation, 7(8)/18; and ulnar deviation, 26/40. Claimant's pronation was 80/82 and supination was 80/80. Sensation of the right hand and fingers was normal. Dr. Fax found 5/5 strength in grip strength and 5/5 strength of the biceps, triceps, wrist dorsiflexors, wrist palmar flexors, intrinsics, and abductors in the fingers. (Ex. 20). An April 23, 2003 "Notice of Closure: Own Motion Claim" awarded no permanent disability. (Ex. 22)...