71 Van Natta 415 (2019)
In the Matter of the Compensation of RICKY J. MORIN, Claimant
WCB No. 17-05760
Oregon Worker Compensation
April 19, 2019
Jodie
Phillips Polich, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Woodford and Ousey.
ORDER ON REVIEW
Claimant
requests review of that portion of Administrative Law Judge
(ALJ) Naugle’s order that upheld the SAIF
Corporation’s denial of his new/ omitted medical
condition claim for left shoulder conditions. On review, the
issue is compensability. We affirm.
FINDINGS
OF FACT
We
adopt the ALJ’s “Findings of Fact” with the
following summary and supplementation.
In
January 2011, claimant was evaluated by Dr. Jurani-Suarez
concerning left shoulder joint and arm pain that he
experienced after he “pulled something.” (Ex. 1).
Dr. Jurani-Suarez recommended conservative treatment. (Ex.
1-3).
In
August 2012, claimant was evaluated by Dr. Pham for left
shoulder pain that claimant attributed to driving, and which
had been present for about six months. (Ex. 2). Dr. Pham
performed a therapeutic maneuver to increase claimant’s
range of motion, and reported improvement following that
procedure. (Ex. 2-4).
In
October 2013, claimant was involved in a work-related motor
vehicle accident (MVA). (Ex. 3). Subsequently, SAIF accepted
his claim for left lower lip laceration, right lower leg
abrasions, left chest wall contusion, abdominal wall
contusion, left shoulder contusion, cervical strain, and left
greater trochanteric contusion. (Ex. 12).
On
October 31, 2013 (three days after the MVA), claimant was
evaluated by Dr. Swan, his attending physician. (Ex. 5). On
that day, and also when he evaluated claimant on November 4,
2013, Dr. Swan did not record any complaints of left shoulder
pain. (Exs. 5, 6).
[71 Van
Natta 416] On November 13, 2013, claimant reported pain at
the acromioclavicular (AC) joint. (Ex. 7). Dr. Swan noted
that claimant’s left shoulder range of motion was
normal, and diagnosed a left shoulder contusion. (Id.)
A left shoulder x-ray showed osteoarthritis of the AC
joint. (Ex. 8).
In
March 2014, Dr. Swan reported that claimant’s
lacerations, abrasions and contusions were resolved. (Ex.
17-1).
On
March 28, 2014, claimant was evaluated by Dr. Fellars, an
orthopedic surgeon, at SAIF’s request. (Ex. 18). On
examination, claimant’s shoulders had symmetrical range
of motion and 5/5 strength. (Ex. 18-7).
In
March 2015, claimant was evaluated by Dr. Lewis at
SAIF’s request. (Ex. 29). He noted tenderness over the
left AC joint, and abnormalities of the biceps (left greater
than right). (Ex. 29-5). He diagnosed a left shoulder
contusion (resolved), AC joint arthritis, and a possible left
proximal biceps tendon rupture. (Ex. 29-6). Dr. Lewis
commented that claimant’s mechanism of injury (a direct
blow to the left side of the shoulder) was consistent with a
left shoulder contusion, rather than a left shoulder strain.
(Ex. 29-7).
In
September 2015, Dr. Swan was deposed. (Ex. 32). He testified
that claimant’s left shoulder examinations showed
“good range of motion.” (Ex. 32-13).
In
August 2017, claimant was evaluated by Dr. Stanley, an
orthopedic surgeon. He diagnosed a biceps tendon rupture, and
recommended a left shoulder MRI to further evaluate the
rotator cuff. (Ex. 37).
In
September 2017, an MRI showed tears of the supraspinatus...
