71 Van Natta 389 (2019)
In the Matter of the Compensation of CHARLES E. CORP, Claimant
WCB No. 17-00297
Oregon Worker Compensation
April 10, 2019
Elmer
& Brunot PC Law Offices, Claimant Attorneys
Sather
Byerly & Holloway, Defense Attorneys
Reviewing Panel: Members Woodford and Ousey.
ORDER ON RECONSIDERATION
On
March 12, 2019, we affirmed an Administrative Law
Judge’s (ALJ’s) order that set aside the
self-insured employer’s denial of claimant’s
occupational disease claim for bilateral carpal tunnel
syndrome (CTS). Contending that we erred in analyzing the
physicians’ opinions, the employer seeks
reconsideration of our decision. For the following reasons,
we adhere to our previous order.
On
reconsideration, the employer challenges our determination
that the opinions of Drs. Weirich and Button were
unpersuasive. In addition, the employer contests our reliance
on Dr. Wilson’s opinion that the work activities were
the major contributing cause of claimant’s CTS.
After
further considering this matter, and again reviewing the
relevant medical opinions, we continue to find Dr.
Wilson’s opinion more persuasive than those of Drs.
Weirich and Button, for the reasons expressed in our prior
order. In addition, we offer the following supplementation.
The
employer contends that we erroneously determined that Dr.
Button inaccurately believed that claimant’s work
activities were predominantly done with his right hand. We
acknowledge that Dr. Button understood that, when welding,
claimant “intermittently” used either hand
depending on the design of the equipment and degree of
difficulty. (Ex. 21-8). In our view, however, Dr.
Button’s explanation that “[i]n this company,
it’s right handed using the welder tools, and also in
particular for the grinding smoothing, these are done with
tools held solely with the right hand,” was
not an accurate description of claimant’s work
activities in light of his testimony, as discussed below.
(Ex. 67-17) (Emphasis added).
Accordingly,
we continue to find that Dr. Button did not adequately...
