71 Van Natta 1243 (2019)
In the Matter of the Compensation of ANNE M. HAYES, Claimant
WCB No. 18-04707
Oregon Worker Compensation
October 29, 2019
Martin
J Mckeown, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Woodford and Ousey.
ORDER ON REVIEW
Claimant
requests review of Administrative Law Judge (ALJ)
McWilliams's order that upheld the SAIF Corporation's
denial of her new/omitted medical condition claim for
bilateral shoulder conditions. On review, the issue is
compensability. We affirm.
FINDINGS
OF FACT
We
adopt the ALJ's “Findings of Fact.” We do not
adopt the ALJ's “Finding of Ultimate Fact.”
CONCLUSIONS
OF LAW AND OPINION
Finding
a lack of medical evidence supporting the compensability of
claimant's bilateral shoulder conditions as consequential
conditions, the ALJ upheld SAIF's denial. See
ORS 656.005(7)(a)(A). On review, claimant challenges the
ALJ's evaluation of the medical evidence. For the
following reasons, we affirm the ALJ's order.
To
establish the compensability of her claimed bilateral
shoulder conditions as consequential conditions, claimant
must prove their existence and that the compensable injury
(i.e., the accepted left below-knee amputation), or
its reasonable and necessary treatment, is the major
contributing cause of the conditions.1 ORS 656.005(7)(a)(A); ORS
656.266(1); Brown v. SAIF, 361 Or 241, 252 (2017);
Barrett Bus. Servs. v. Hames, 130 Or.App. 190, 193,
rev den, 320 Or 492 (1994) (when reasonable and
necessary treatment of a compensable injury is the major
contributing cause of a new condition, the compensable
condition injury itself is deemed the major contributing
cause of the consequential condition); Crystal R.
[71 Van Natta 1244] Dedmore-Melton, 71 Van Natta
828, 828-29 (2019) (applying Graves to a new/omitted
medical condition claim based on a “consequential
condition” theory); Cecelia N. Jacobson, 70
Van Natta 970, 978 (2018); Maureen Y. Graves, 57 Van
Natta 2380, 2381 (2005).
To...
