Schuler v. Beaverton School District No. 48J

992 P.2d 467, 164 Or. App. 320, 1999 Ore. App. LEXIS 2112
CourtCourt of Appeals of Oregon
DecidedDecember 15, 1999
DocketWCB No. 97-01397; CA A101276
StatusPublished
Cited by1 cases

This text of 992 P.2d 467 (Schuler v. Beaverton School District No. 48J) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schuler v. Beaverton School District No. 48J, 992 P.2d 467, 164 Or. App. 320, 1999 Ore. App. LEXIS 2112 (Or. Ct. App. 1999).

Opinions

DEITS, C. J.

Claimant seeks review of a decision by the Workers’ Compensation Board that upheld employer’s denial of her claim. The Board determined that claimant did not prove that her work injury was the major contributing cause of the need for treatment of her combined condition. We affirm.

We take the following undisputed facts from the record. Claimant is a substitute instructional aide employed by the Beaverton School District. In February 1995, she injured her back and neck in a noncompensable motor vehicle accident. At that time, x-rays revealed degenerative disc disease at C6-7. On June 8, 1995, claimant was injured when she slipped and fell at work. She sought treatment with Dr. Soot in August 1995. At that time, an MRI revealed a disc protrusion at C6-7. In November 1995, employer accepted the claim for low back, cervical, groin and right-wrist strains.

In March 1996, employer issued a partial denial of claimant’s degenerative disc disease at C6-7. Claimant did not appeal this denial and her claim was closed in April 1996. She was awarded temporary partial disability but no permanent partial disability. In June 1996, claimant again sought treatment with Soot because of increased difficulty with pain in her neck and left shoulder and arm. At that time, claimant told Soot that she had not engaged in any unusual activity nor were these symptoms precipitated by any injury. In July 1996, claimant reported to Soot that she had felt a pop in her neck while putting in eye drops and that she was pain tree for several days afterward. However, later, after moving bark dust, she again experienced significant pain.

While at work on September 26, 1996, claimant physically restrained a student who was misbehaving. She experienced neck and shoulder pain at home that evening. On September 30, claimant again saw Soot. She reported that her left shoulder and arm had become progressively worse since the week before. Soot noted that this worsening occurred after some activity at work, but that “there was no really acute increase following any one particular episode. The pains now have been very difficult to cope with.” Soot referred claimant to a neurosurgeon, Dr. Waller, whom [323]*323claimant saw on October 1. An MRI, conducted on that day, revealed degenerative disc changes at C6-7 with progression of left-sided disc protrusion/herniation with compromise of the left foramen and possible slight displacement of the left side of the spinal cord. Waller diagnosed persistent C7 radiculopathy with increased symptoms due to left C6-7 disc herniation. He performed left cervical C6-7 diskectomy and foraminotomy surgery on October 3. The surgery was successful, and claimant was released to return to work on October 25,1996.

On November 8, 1996, claimant filed an 801 form, claiming benefits for her alleged September 26 injury. Employer denied the claim on the basis that claimant’s work was not the major cause of the worsening of her preexisting degenerative disc disease and herniation at C6-7.

Claimant sought review of the employer’s denial. After a hearing the administrative law judge (ALJ) set aside employer’s denial holding that, although the preexisting condition was the major portion of the condition being treated, the work injury was the immediate cause of the need for treatment and, therefore, the treatment was compensable. The Board reversed the ALJ, noting that the case relied on by the ALJ, SAIF v. Nehl, 148 Or App 101, 939 P2d 96, modified on recons 149 Or App 309, 942 P2d 859 (1997), rev den 326 Or 389 (1998), had sincebeen modified by this court to clarify that, under ORS 656.005(7)(a)(B), a claimant must establish that the work injury was not only the precipitating cause but the major contributing cause of the claimant’s disability or need for treatment. The Board explained, relying on Dietz v. Ramuda, 130 Or App 397, 401, 882 P2d 618 (1994), rev dismissed 321 Or 416 (1995), that the determination of a major contributing cause includes evaluating the relative contributions of different causes of the claimant’s need for treatment of the combined condition and then deciding which is the primary cause.

Claimant seeks review of the Board’s decision upholding employer’s denial. She makes two assignments of error. She agrees that the Board articulated the correct legal standard; namely, that claimant must establish the major contributing cause of the need for treatment of the combined [324]*324condition. She contends, however, that it is apparent from the Board’s discussion of the issue and from its reliance on Dietz that the Board actually applied the incorrect legal standard for determining the compensability of the disability. She asserts that, by relying on Dietz, the Board evaluated the major cause of claimant’s combined condition rather than the major cause of claimant’s need for treatment of the combined condition.

The major cause of the combined condition is discussed in the Board’s order. As noted above, however, the Board does ultimately determine the major contributing cause of the need for treatment for claimant’s combined condition. The Board’s reliance on Dietz is not inconsistent with that conclusion. The Board relied on Dietz for the proposition that the determination of the major contributing cause requires evaluation of the relative contribution of different causes, both work-related and preexisting. That is equally true whether what is being evaluated is the major contributing cause of the need for treatment of the combined condition or the compensability of the combined condition itself. Nehl, 149 Or App at 312. See Worldmark The Club v. Travis, 161 Or App 644, 649, 984 P2d 898 (1999). We conclude that the Board applied the correct legal standard.

Claimant’s second assignment of error is that there is not substantial evidence in the record to support the Board’s finding that Waller, claimant’s treating neurosurgeon, failed to weigh the relative contribution of claimant’s preexisting conditions against her work injury to determine the major contributing cause of claimant’s need for treatment of the combined condition. The Board explained its conclusion:

“After reviewing the medical evidence, we are not persuaded that claimant has established that the work injury was the major contributing cause of the disability or need for treatment of the combined condition. In this regard, although Dr. Waller believed that the injury provoked symptoms and precipitated the need for claimant’s surgery, we are not persuaded that Dr. Waller weighed the contribution from the work injury against the contribution from the preexisting disc herniation to determine which was the major contributing cause of claimant’s need for treatment [325]*325of the combined condition. See Dietz v. Ramuda, 130 Or App [at] 401-402. Under such circumstances, we find that claimant has not established compensability of the combined condition.”

Substantial evidence supports a finding when the record, viewed as a whole, permits a reasonable person to make the finding. Garcia v. Boise Cascade Corp., 309 Or 292, 295, 787 P2d 884 (1990); ORS 183.482(8)(c). This court must evaluate the substantiality of supporting evidence by considering all of the evidence in the record. Younger v.

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Related

Schuler v. Beaverton School District No. 48J
48 P.3d 820 (Oregon Supreme Court, 2002)

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992 P.2d 467, 164 Or. App. 320, 1999 Ore. App. LEXIS 2112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuler-v-beaverton-school-district-no-48j-orctapp-1999.