No. 07-00503. DARYL W. MARLER, Claimant.

• Court: Oregon

Oregon Worker Compensation 2008. No. 07-00503. DARYL W. MARLER, Claimant In the Matter of the Compensation of DARYL W. MARLER, ClaimantWCB Case No. 07-00503ORDER ON REVIEWVick and Conroyd, Claimant Attorneys Hornecker Cowling et al, Defense AttorneysReviewing Panel: Members Langer and Weddell.The self-insured employer requests review of Administrative Law Judge (ALJ) Brown's order that set aside its denial of claimant's occupational disease claim for left carpal tunnel syndrome (CTS). On review, the issue is compensability. We adopt and affirm the ALJ's order with the following supplementation. The ALJ relied on the opinion of claimant's treating physician, Dr. VanVeen, to establish compensability. On review, the employer contends that Dr. VanVeen is not persuasive because he is not a specialist, and did not have an accurate history. For the following reasons, we agree with the ALJ's reliance on Dr. VanVeen's opinion. To establish a compensable occupational disease, claimant's employment conditions must be the major contributing cause of the disease. ORS 656.802(2)(a). The major contributing cause means a cause that contributes more than all other causes combined. See Smothers v. Gresham Transfer, Inc., 332 Or 83, 133-34 (2001); McGarrah v. SAIF, 296 Or 145, 166 (1983). Determination of the major contributing cause is a complex medical question that must be resolved on the basis of expert medical opinion. Jackson County v. Wehren, 186 Or App 555, 559 (2003), citing Uris v. Compensation Department, 247 Or 420, 426 (1967). In January 2003, claimant consulted Dr. VanVeen regarding numbness and tingling of the fingertips of his left hand. Dr. VanVeen diagnosed left CTS. Claimant elected not to receive medical treatment. (Ex. 0). In August 2006, claimant was experiencing left wrist pain. Dr. VanVeen referred him to Dr. Stratton, an orthopedist. Dr. Stratton diagnosed left CTS, and recommended that claimant have a carpal tunnel release. (Ex. 1-2). Dr. Denekas, a neurologist, examined claimant on behalf of the employer. Dr. Denekas performed nerve conduction tests that showed symmetric slowing of the median nerves at the level of the wrists bilaterally. He diagnosed left CTS, but opined that it was not work-related. (Ex. 7-8). Dr. VanVeen subsequently concurred with a letter from claimant's attorney, agreeing that claimant's...