71 Van Natta 1264 (2019)
In the Matter of the Compensation of ALICIA BERMEJO-FLORES, Claimant
WCB No. 18-04697
Oregon Worker Compensation
November 5, 2019
Hooton
& Chen LLP, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Lanning and Curey.
ORDER ON REVIEW
Claimant
requests review of Administrative Law Judge (ALJ) Ian
Brown’s order that affirmed an Order on Reconsideration
that awarded 12 percent whole person impairment and 30
percent work disability for a left knee condition. On review,
the issue is extent of permanent disability (permanent
impairment and work disability). We modify.
FINDINGS
OF FACT
We
adopt the ALJ’s “Findings of Fact” with the
following summary and supplementation.
Claimant
has a prior history of left knee injuries and meniscal
surgeries. (Ex. 1).
On June
8, 2016, claimant, a custodian, fell from a ladder and
injured her left knee. (Exs. 3, 4). The SAIF Corporation
accepted a left tibial eminence fracture. (Ex. 18).
In
October 2016, claimant underwent a left knee arthroscopic
anterior cruciate ligament (ACL) reconstruction and a partial
lateral menisectomy. (Ex. 25). Thereafter, SAIF accepted a
grade 3 tear of the medial collateral ligament and a
posterior horn tear of the lateral meniscus of the left knee.
(Ex. 45).
On
December 21, 2017, Dr. Roehrich, claimant’s attending
physician, declared claimant’s accepted conditions
medically stationary and recommended a work capacity
evaluation (WCE). (Ex. 62). Dr. Roehrich subsequently
concurred with a January 2018 WCE report that found that
claimant had reduced left knee flexion, strength loss in the
quadriceps muscle, and grade 2 instability of the ACL. (Exs.
64, 66-2, -3). He agreed that claimant was released to work
with restrictions of lifting 30 pounds occasionally, as
determined by the WCE. (Exs. 64-7, 66-2). [71 Van Natta 1265]
Additionally, Dr. Roehrich opined that claimant would be
unable to repetitively use the left knee for more than
two-thirds of a period of time. (Ex. 66-3). Finally...
