57 Van Natta 1356 (2005). KRISTIN K. DUNLOP, Claimant.
Case Date | May 24, 2005 |
Court | Oregon |
Oregon Workers Compensation
2005.
57 Van Natta 1356 (2005).
KRISTIN K. DUNLOP, Claimant
1356In the Matter of the Compensation of KRISTIN
K. DUNLOP, ClaimantWCB Case No. 03-03295ORDER ON REVIEWUnrepresented Claimant James B Northrop, SAIF
Legal Salem, Defense AttorneysReviewing Panel: Members Langer and Kasubhai.Claimant, pro se,1 requests review of those
portions of Administrative Law Judge (ALJ) Somers'
order that: (1) upheld the SAIF Corporation's partial denial of claimant's left
shoulder adhesive capsulitis condition; (2) found that claimant's left shoulder
rotator cuff impingement condition was reasonably encompassed within her
previously accepted left shoulder strain condition; and (3) upheld SAIF's denial of claimant's aggravation claim for cervical,
thoracic, lumbar, and left shoulder strain conditions. On review, the issues
are claim processing, compensability, and aggravation.2 We affirm.3 FINDINGS OF FACT We adopt the
ALJ's "Findings of Fact" with the following correction and supplementation.
1 Because claimant is no longer represented, she may
wish to consult the Workers' Compensation Ombudsman, whose job it is to assist injured workers in such matters. She
may contact the Workers' Compensation Ombudsman,
free of charge, at 1-800-927-1271, or write to: WORKERS' COMPENSATION OMBUDSMAN DEPT OF
CONSUMER and BUSINESS SERVICES PO BOX 14480 SALEM, OR 97309-0405 2 Claimant
also raises the issues of temporary total disability (TTD) benefits and alleged
discovery violations. These issues were not raised at hearing. We generally do
not address new issues raised for the first time on review. See
Stevenson v. Blue Cross, 108 Or App 247, 252 (1991); Arlene C.
Chambers, 54 Van Natta 2473 (2002). At any rate, we
note that if claimant is seeking TTD benefits based on her left shoulder
rotator cuff impingement, which SAIF clarified was encompassed within her
accepted conditions, her entitlement to such benefits is a claim processing
issue that flows from that clarification; it is not an issue currently before
us. 3 SAIF objects to references to matters that
were not included in the record developed at hearing. In considering the parties' arguments, we have limited our review of the
record to the testimonial and documentary evidence admitted at the hearing. ORS
656.295(5). 57 Van Natta 1356 (2005)1357On March 30, 2002, Dr. Okamoto,
claimant's chiropractor, requested authorization for six months of palliative
care. On September 21, 2002, claimant worked at a
facility where she saw twelve patients for their physical therapy requirements,
five of whom weighed more than 200 pounds. Dr. Radzik noted that claimant was unable to raise her left
arm on November 20, 2002, but noted improved range of
motion in her left shoulder on December 4, 2002 and
"almost full" range of motion in her left...
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