71 Van Natta 441 (2019)
In the Matter of the Compensation of DANIEL F. JUDD, Claimant
WCB No. 17-04145
Oregon Worker Compensation
April 23, 2019
Julene
M Quinn LLC, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Ousey and Curey.
ORDER ON REVIEW
Claimant
requests review of Administrative Law Judge (ALJ)
Pardington’s order that upheld the SAIF
Corporation’s denial of claimant’s
injury/occupational disease claim for bilateral inguinal
hernias and an umbilical hernia. On review, the issue is
compensability. We reverse.
FINDINGS
OF FACT
We
adopt the ALJ’s “Findings of Fact.”
CONCLUSIONS
OF LAW AND OPINION
In
upholding SAIF’s denial, the ALJ analyzed the claim as
an “occupational disease,” and concluded that the
opinion of claimant’s attending surgeon, Dr.
Mastrangelo, was insufficient to establish compensability
under a “major contributing cause” standard. ORS
656.802(2)(a).
On
review, claimant contends that his claim is compensable as
either an injury or an occupational disease. For the
following reasons, we conclude that the claim is compensable
as an injury.
In
determining whether a claim is appropriately analyzed as an
occupational disease or an injury, we look at whether the
onset of the condition itself, not its symptoms, occurred
suddenly or gradually. See Smirnoff v. SAIF, 188
Or.App. 438, 443 (2003) (an occupational disease is
distinguished from an injury by its gradual onset, whereas an
injury arises suddenly due to an identifiable event or has an
onset traceable to a discrete period).
Here,
on April 5, 2017, claimant was lifting and moving stacks of
chairs weighing about 70 pounds when he felt a
“catch” and pain in both sides of his pelvis.
(Tr. 8-9). Previously, he had no pelvic symptoms. (Tr. 9; Ex.
10-2). Thereafter, he experienced ongoing pelvic pain and a
June 8, 2017, ultrasound revealed bilateral inguinal hernias.
(Exs. 1-1, 2).
[71 Van
Natta 442] During a June 14, 2017, examination, Dr.
Mastrangelo diagnosed an umbilical hernia. (Ex. 6-1). Dr.
Mastrangelo opined that claimant’s umbilical and
bilateral inguinal hernias were caused by his lifting a stack
of chairs weighing 75 pounds or more at work on April 5,
2017. (Ex. 14-3).
Under
these circumstances, we conclude that the onset of the
claimed hernia conditions arose as a result of a traceable
event/discrete period. Consequently, we...
