71 Van Natta 1155 (2019)
In the Matter of the Compensation of ANGIE M. SOTO, Claimant
WCB No. 18-00695
Oregon Worker Compensation
October 10, 2019
Ransom
Gilbertson Martin et al, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Lanning, Woodford, and Wold.
ORDER ON REVIEW
The
SAIF Corporation requests review of Administrative Law Judge
(ALJ) Naugle’s order that set aside its denial of
claimant’s injury claim for a right upper extremity
condition. 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.
Claimant
works as an instructional assistant for a school district.
(Tr. 6).
In
October 2016, claimant was walking a student with special
needs to the bathroom, when the student suddenly pulled on
claimant’s right wrist with both hands, almost bringing
claimant to the ground. (Id.) Claimant immediately
experienced pain and swelling in her right wrist and pain in
her right shoulder and neck. (Tr. 6-7) She reported the work
injury later that day. (Ex. 1).
Claimant
did not seek treatment until her summer vacation (in July
2017) because she was experiencing a high level of stress at
work and felt overwhelmed. (Tr. 6-9).
When
claimant first sought treatment, Dr. Wild noted right arm
pain and swelling, tenderness in the shoulder, a positive
Phalen’s test for wrist pain, and mild wrist edema.
(Ex. 2-2). Dr. Wild diagnosed acute, right wrist carpal
tunnel syndrome with complicating rotator cuff pain.
(Id.) Dr. Wild also noted that claimant first
experienced right upper extremity symptoms six months
earlier. (Ex. 2-1).
[71 Van
Natta 1156] Claimant treated with Drs. Cooley and Devaux in
November and December 2017 for ongoing right arm pain. (Exs.
3, 3A, 4). Dr. Cooley noted claimant’s work injury and
diagnosed right shoulder strain, elbow lateral epicondylitis,
and carpal tunnel syndrome. (Ex. 3). Dr. Devaux noted
claimant’s work injury and documented right arm pain
and tenderness. (Ex. 4-2-3).
On
January 8, 2018, Dr. Radecki evaluated claimant at
SAIF’s request. (Ex. 5). He opined that
claimant’s work injury was initially a material
contributing cause of her need for treatment for a right
upper extremity condition. (Ex. 5-7-8). Dr. Radecki explained
that the mechanism of injury was consistent with a right
wrist strain and that he was not concerned about
claimant’s delay in seeking treatment. (Ex. 5-7). He
noted that claimant’s symptoms would resolve for
periods of time and that she continued to work until she
sought treatment from Dr. Cooley in November 2017. (Ex. 5-2,
-7).
On
January 16, 2018, Dr. Radecki changed his opinion. (Ex. 8).
He stated that he was unable to opine that the work injury
was a material contributing cause of her need for medical
treatment for a right upper extremity condition.
(Id.) Dr. Radecki explained that he based his new
opinion on the mechanism of injury, claimant’s delay in
seeking treatment, her history that previous symptoms had
resolved, medical examinations, non-physiological pain
complaints, his evaluation, claimant’s medical records,
and because she had continued to perform her normal job
duties until November 2017. (Id.)
SAIF
denied claimant’s right upper extremity claim on
January 17, 2018. (Ex. 9).
Claimant
requested a hearing.
Dr.
Brumbaugh began treating claimant in January 2018 for right
wrist and shoulder strains. (Exs. 6, 10, 12).
In
April 2018, Dr. Brumbaugh opined that the October 2016 work
event was a material contributing cause of her need for
treatment for her right wrist and shoulder strains. (Ex.
12-2-3). Dr. Brumbaugh based his opinion on his examinations,
claimant’s...
