58 Van Natta 1219 (2006). JEFF W. KENNEDY, Claimant.

Case Date:May 15, 2006
Court:Oregon
 
FREE EXCERPT
Oregon Worker Compensation 2006. 58 Van Natta 1219 (2006). JEFF W. KENNEDY, Claimant 58 Van Natta 1219 (2006)In the Matter of the Compensation of JEFF W. KENNEDY, ClaimantWCB Case No. 05-00584ORDER ON REVIEWWelch Bruun and Green, Claimant Attorneys Julie Masters, SAIF Legal, Defense AttorneysReviewing Panel: Members Biehl and Lowell.Claimant requests review of Administrative Law Judge (ALJ) Riechers' order that upheld the SAIF Corporation's denial of his occupational disease claim for left elbow osteoarthritis. On review, the issue is compensability. We adopt and affirm the ALJ's order with the following supplementation. In upholding SAIF's denial, the ALJ found that the medical opinion of the attending physician, Dr. Gardner, did not satisfy claimant's burden of proof, in part because a November 1, 2005 concurrence letter did not contain a statement that work activities alone constituted the major contributing cause of claimant's osteoarthritis. The ALJ had earlier reasoned that work injuries that clamant had previously sustained did not contribute to claimant's osteoarthritis condition and that Dr. Gardner's opinion that attributed the disputed condition in part to the prior injuries was unpersuasive because of an inaccurate history. On review, claimant contends, even assuming that prior injuries did not contribute to the disputed condition, the ALJ incorrectly concluded that Dr. Gardner's November 1, 2005 report did not contain a statement that work activities alone constituted the major contributing cause of the disputed condition. ORS 656.802(2)(a). Claimant notes Dr...

To continue reading

FREE SIGN UP