No. 07-08202. TREVA V. SINGLETON, Claimant.

• Court: Oregon

Oregon Worker Compensation 2008. No. 07-08202. TREVA V. SINGLETON, Claimant In the Matter of the Compensation of TREVA V. SINGLETON, ClaimantWCB Case No. 07-08202, 07-03454ORDER ON REVIEWStrooband and Ousey PC, Claimant Attorneys Hornecker Cowling et al, Defense AttorneysReviewing Panel: Members Weddell and Lowell.The self-insured employer requests review of that portion of Administrative Law Judge (ALJ) Bloom's order that set aside its denial of claimant's injury claim for a low back and leg condition. On review, the issues are compensability and course and scope of employment. We affirm. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact," which we briefly summarize as follows. Claimant, an ICU nurse, began experiencing low back pain as she was leaving work on March 24, 2007. (Tr. 12-13). She felt pain shooting down her left leg and numbness in her left foot. (Tr. 12). The pain later moved back and forth between both legs. (Tr. 12, 18). She immediately phoned her husband, who was out of town, and explained her symptoms. (Id.; Tr. 38) She did not immediately seek medical attention, thinking that the pain would go away. (Tr. 14) The pain and numbness worsened the following day. (Tr. 15). She spoke with her husband, who encouraged her to rest. (Tr. 16). After midnight that evening, she attempted to turn over in bed and could not move. (Id.) She phoned her husband and spoke with him for approximately 30 minutes. (Tr. 17, 38-39). She promised him that she would go to the emergency room (ER) in the morning, which she did. (Tr. 17). Claimant phoned her boss from the ER and asked her to sit with her. (Tr. 19-20). After claimant received some injections, her boss and a coworker drove her home. (Tr. 20). Claimant filed a work incident form on May 10, 2007. (Ex. 7). She was initially reluctant to file a claim and expressed a fear of losing her job for doing so. (Tr. 26, 40-41). She ultimately filed the claim after receiving counsel from her husband and coworkers, and because the pain did not go away. (Id.) After receiving initial treatment in the ER on March 26, 2007, claimant treated with Dr. Stringer, who ordered an MRI. (Exs. 3-4). Claimant was referred to Dr. Bobek, who diagnosed acute left-sided low back pain that he suspected was "likely a facet syndrome with an element of sacroiliac joint pain." (Ex. 5-3). In May 2007, claimant treated with Dr. Lowengart. (Ex. 10). Dr. Lowengart diagnosed a lumbar strain "on top of preexisting degenerative disc disease." (Ex. 10-1). She continued to treat claimant until early July 2007. (Ex. 16-1). After performing a records review, Dr. Lowengart stated that claimant's low back complaints and conditions did not appear to be work related. (Id.) At the request of the employer, Dr. Smith examined claimant. Dr. Smith believed that claimant sustained a lumbosacral strain that "most likely came on in bed at night when she rolled over." (Ex. 15-8). He believed that claimant also had degenerative changes in her low back that were "multifactorial," with work activities "playing only a minimal role in the worsening of [her] underlying conditions." (Id.) In August 2007, claimant sought treatment from Dr. Shonerd. Dr. Shonerd did not agree with Dr. Smith's opinion. Dr. Shonerd stated that claimant's strenuous work activities caused a lumbar and sacroiliac strain. (Ex. 22). He did not believe that the MRI showed any significant disease that would explain claimant's...