71 Van Natta 780 (2019)
In the Matter of the Compensation of APRIL R. WILLIAMS, Claimant
WCB No. 18-03408
Oregon Worker Compensation
July 12, 2019
James
W Moller, Claimant Attorneys
Gress,
Clark, Young, & Schoepper, Defense Attorneys
Reviewing Panel: Members Lanning and Woodford.
ORDER ON REVIEW
The
self-insured employer requests review of Administrative Law
Judge (ALJ) Sencer’s order that modified an Order on
Reconsideration’s award of additional temporary
disability benefits. On review, the issues are the medically
stationary date and temporary disability.
We
adopt and affirm the ALJ’s order with the following
supplementation.
Medically
Stationary Date
In
modifying the June 25, 2018, Order on Reconsideration’s
temporary disability award, the ALJ found that
claimant’s accepted right wrist/arm conditions were
medically stationary as of October 16, 2017, and that
claimant had not been released, or returned, to her regular
work. In doing so, the ALJ relied on Dr. Button’s
October 16, 2017, report (which found that claimant was
medically stationary as of that date), as supported by the
concurrences of Dr. Rhodes (claimant’s attending
physician) and Dr. Buehler. (Exs. 61, 62).
On
review, the employer contends that claimant is not entitled
to temporary disability benefits from June 6, 2015 through
October 16, 2017, because her accepted conditions were
medically stationary as early as December 16, 2014, and no
later than May 11, 2015.[1] For the following reasons, we
disagree.
“Medically
stationary” means that no further material improvement
would reasonably be expected from medical treatment or the
passage of time. ORS 656.005(17). The issue of a
claimant’s medically stationary status is primarily a
[71 Van Natta 781] medical question to be decided based on
competent medical evidence, not limited to the attending
physician’s opinion. Harmon v. SAIF, 54
Or.App. 121, 125 (1981); Armando Morin, 69 Van Natta
652 (2017).
Here,
we agree with the ALJ’s conclusion...
