In re Compensation of Silva-Zavala, 100821 ORWC, 20-00434

Docket NºWCB 20-00434
Case DateOctober 08, 2021
73 Van Natta 749 (2021)
In the Matter of the Compensation of ADRIAN SILVA-ZAVALA, Claimant
WCB No. 20-00434
Oregon Worker Compensation
October 8, 2021
          Dunn & Roy PC, Claimant Attorneys           SAIF Legal Salem, Defense Attorneys          ORDER ON REVIEW          Reviewing Panel: Members Ousey and Woodford.          Claimant requests review of Administrative Law Judge (ALJ) Mills’s order that affirmed the SAIF Corporation’s denial of claimant’s new/omitted medical condition claim for a left sacroiliac joint injury. On review, the issue is compensability. We reverse.          FINDINGS OF FACT          We adopt and affirm the ALJ’s “Findings of Fact” with the following summary and supplementation.          Claimant, a construction worker, was injured while installing a concrete driveway on March 1, 2019. (Exs. 12, 13). As a result of this incident, SAIF accepted a lumbar strain. (Ex. 22).          Dr. Kim, a chiropractor, evaluated claimant on March 4, 2019, for low back pain and left leg numbness, tingling, and weakness. (Exs. 11-1, 14). Dr. Kim’s diagnoses included low back and sacroiliac joint sprains. (Ex. 14-2).          Dr. Saks, an internist, evaluated claimant on six occasions between April 8, 2019 and May 7, 2019. (Exs. 16, 18, 19, 21, 23, 24). Claimant’s reports and Dr. Saks’s examinations noted complaints specific to claimant’s left SI joint. (Exs. 16-2-3, 18-2, 19-2, 21-2, 23-2, 24-2). Following his response to a diagnostic steroid injection, Dr. Saks opined that claimant’s left sacroiliac joint was his primary pain generator. (Ex. 24-3). Dr. Saks diagnosed lumbosacral and gluteus maximus sprains/strains. (Exs. 16-4, 24-3).          Dr. Rosenbaum, a neurosurgeon, evaluated claimant at SAIF’s request on April 10, 2019. (Ex. 17). Dr. Rosenbaum diagnosed a lumbar strain related to the March 2019 work event. (Id.) He opined that claimant’s injury combined with preexisting lumbar spondylosis, and that the injury constituted the major contributing cause of claimant’s need for treatment for the combined low back condition. (Ex. 17-6-7).          [73 Van Natta 750] Claimant began treating with Dr. Lorber, a physiatrist, in May 2019. (Ex. 25). Dr. Lorber was initially uncertain as to the etiology of claimant’s condition and considered it possible, but not probable, that the work event caused an SI joint injury. (Exs. 41-1, 47-1, 47A-1). However, after completing his diagnostic workup, including two lumbar MRIs, an SI joint MRI, a left knee MRI, an SI joint injection, a second opinion by Dr. Gerry, an...

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