No. 07-01667 (2008). GARY M LEIBEL, Claimant.

• Court: Oregon

Oregon Worker Compensation 2008. No. 07-01667 (2008). GARY M LEIBEL, Claimant In the Matter of the Compensation of GARY M LEIBEL, ClaimantWCB Case No. 07-01667, 07-00479ORDER ON REVIEWHooton Wold and Okrent LLP, Claimant Attorneys Dennis S Martin, SAIF Legal Salem, Defense AttorneysReviewing Panel: Members Lowell and Biehl.Claimant requests review of that portion of Administrative Law Judge (ALJ) Spangler's order that declined to award additional temporary disability. On review, the issue is temporary disability. We adopt and affirm the ALJ's order with the following supplementation. Claimant injured his left ankle on June 5, 2006. The SAIF Corporation accepted the claim on June 27, 2006, specifying the accepted condition as a left ankle sprain. (Ex. 7). On September 15, 2006, Dr. Farris, the attending physician, opined that the accepted left ankle sprain was medically stationary and that preexisting degenerative arthritis of the left ankle combined with the June 5, 2006 injury to prolong disability and treatment. However, Dr. Farris stated that, as of September 5, 2006, the preexisting degenerative condition was the major contributing cause of the disability and need for treatment. Finally, Dr. Farris agreed that claimant was capable of regular work with regard to the accepted left ankle sprain. (Ex. 13). On September 27, 2006, SAIF closed the claim by Notice of Closure that awarded temporary disability through September 5, 2006. (Ex. 15). On October 4, 2006, SAIF accepted a combined condition consisting of the June 5, 2006 injury and post-traumatic arthritis and left ankle degenerative joint disease, effective June 5, 2006. In the same document, SAIF denied the accepted combined condition on and after September 5, 2006, asserting that on or about that date the accepted injury was no longer the major contributing cause of the combined left ankle condition. (Ex. 16). Claimant requested a hearing from that denial, which was not at issue in these proceedings. SAIF issued another Notice of Closure on October 18, 2006, closing the combined condition portion of the claim without an award of temporary disability. (Ex. 19). Claimant requested a hearing seeking, among other things, temporary disability from September 6, 2006 through October 4, 2006. The ALJ declined to award the requested temporary disability, finding no...