73 VanNatta 66 (2021)
In the Matter of the Compensation of GERALD W. COX, Claimant
WCB No. 19-01296
Oregon Worker Compensation
January 28, 2021
Guinn
Law Team, Claimant Attorneys
MacColl Busch Sato PC, Defense Attorneys
Reviewing Panel: Members Ousey and Woodford.
ORDER ON RECONSIDERATION
On
December 30, 2020, we reversed an Administrative Law
Judge's (ALJ's) order that upheld the self-insured
employer's denial of claimant's new/omitted medical
condition claims for left shoulder subacromial bursitis,
impingement syndrome, widening of the coracoclavicular joint,
well-corticated ossicle at the joint line, and regrowth of
the left distal clavicle resection area. Specifically, we
found that Dr. Gordin's opinion persuasively established
the compensability of the claimed conditions. Contesting our
evaluation of Dr. Gordin's opinion, the employer seeks
reconsideration. Based on the following reasoning, we adhere
to our prior decision.
The
employer contends that Dr. Gordin's opinion was based on
an incomplete history because she had not personally reviewed
claimant's 1999 imaging (which demonstrated
claimant's acromioclavicular (AC) joint arthritis) at the
time of her August 2019 examination. However, Dr. Gordin was
well aware that claimant suffered from AC joint arthritis in
1999 at the time of her examination. (Ex. 161-1-4,-7,-9-11).
Specifically, she reviewed claimant's medical records
from 1997 to 2019, noted multiple times in her report that
claimant had AC joint arthritis in 1999, and considered his
AC joint arthritis in her analysis. (Ex. 161-1-4, -9-12). In
addition, Dr. Gordin personally reviewed the seven most
recent imaging studies (ranging from 2014 to 2018) and Dr.
Farris's and Dr. Hanna's reports, which included
their opinions regarding claimant's AC joint arthritis.
(Ex. 161-1, -3, -7-8). Further, Dr. Gordin personally
reviewed the 1999 imaging before her deposition. (Ex. 162-7).
Under such circumstances, we find that Dr. Gordin's
opinion was based on a complete history. See Jackson
County v. Wehren, 186 Or.App. 555, 561 (2003) (a history
is complete if it includes sufficient...
