71 Van Natta 525 (2019)
In the Matter of the Compensation of REINA CRUZ-SALAZAR, Claimant
WCB No. 18-01511
Oregon Worker Compensation
May 9, 2019
Hollander & Lebenbaum et al, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Curey and Ousey.
ORDER ON REVIEW
Claimant
requests review of that portion of Administrative Law Judge
(ALJ) Somers’s order that awarded 8 percent whole
person permanent impairment for a left elbow/shoulder
condition, whereas an Order on Reconsideration had awarded 27
percent whole person permanent impairment. On review, the
issue is permanent disability (whole person permanent
impairment).
We
adopt and affirm the ALJ’s order with the following
supplementation.
In
January 2017, claimant compensably injured her left arm after
slipping and falling on a wet floor. (Exs. 1, 2). The SAIF
Corporation ultimately accepted a left elbow contusion and
left shoulder impingement syndrome. (Exs. 9, 20).
In
October 2017, Dr. Kane, claimant’s attending physician,
indicated that claimant’s accepted conditions were
medically stationary without permanent impairment. (Ex. 27).
On
November 8, 2017, SAIF issued a Notice of Closure that
awarded no permanent impairment. (Ex. 28). Claimant requested
reconsideration.
In
February 2018, claimant was evaluated by Dr. Ulmer, the
medical arbiter. (Ex. 32). Dr. Ulmer recommended further
evaluation of claimant’s condition, noting that she had
findings such as decreased sensation that were not explained
by the medical record. (Ex. 32-5). He opined that it was
possible that claimant had a condition that had not yet been
diagnosed or explained, and that her function could likely be
improved with further evaluation and treatment.
(Id.)
In
March 2018, the Appellate Review Unit (ARU) requested
clarification of Dr. Ulmer’s opinion regarding the
percentage of permanent impairment due to the accepted
conditions and direct medical sequela. (Ex. 36). Dr. Ulmer
indicated that claimant’s significant limitation of the
repetitive use of her left arm and shoulder, range of motion
loss...
