United Airlines v. Clark

246 P.3d 30, 240 Or. App. 13
CourtCourt of Appeals of Oregon
DecidedDecember 29, 2010
Docket0700246 A139521
StatusPublished

This text of 246 P.3d 30 (United Airlines v. Clark) 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
United Airlines v. Clark, 246 P.3d 30, 240 Or. App. 13 (Or. Ct. App. 2010).

Opinion

246 P.3d 30 (2010)
240 Or. App. 13

In the Matter of the Compensation of Bradley S. Clark, Claimant.
UNITED AIRLINES, Petitioner,
v.
Bradley S. CLARK, Respondent.

0700246; A139521.

Court of Appeals of Oregon.

Argued and Submitted July 30, 2010.
Decided December 29, 2010.

Jerald P. Keene, Portland, argued the cause and filed the briefs for petitioner.

Spencer D. Kelly argued the cause for respondent. On the brief were Jacqueline M. Jacobson and Klarissa Delehant.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

LANDAU, P.J.

Employer seeks review of an order of the Workers' Compensation Board upholding an administrative law judge's (ALJ) order requiring employer to accept claimant's claim for bilateral thumb joint osteoarthritis as an occupational disease. Employer advances two assignments of error. First, it contends that the board's order is not supported by substantial reason, because it failed to explain adequately why it found one physician's opinion that claimant's condition is work related more persuasive than the opinions of five other physicians that claimant's work was not. Second, employer contends that *31 the single medical opinion on which the board relied fails to constitute substantial evidence in support of the board's finding. We conclude that the board's order is supported by substantial reason and substantial evidence and affirm.

Claimant began working for employer in 1990 as an airline luggage handler. Beginning in 2000, he experienced progressively worsening hand and thumb pain. By 2004, claimant was experiencing ongoing pain in both hands while performing his work duties. In November 2004, claimant bumped his hand against a luggage cart, causing him extreme pain, and he decided to pursue treatment. He filed a claim on November 19, 2004, which employer accepted as a disabling claim for bilateral carpal tunnel syndrome.

Dr. Johnson, an orthopedic surgeon, performed bilateral carpal tunnel release surgeries. Early in his treatment of claimant's carpal tunnel syndrome, Johnson became concerned that claimant might have an alternative diagnosis. Meanwhile, in October 2005, as part of the closure process for the 2004 carpal tunnel syndrome claim, claimant saw Dr. Smith, a neurologist, who opined that claimant's thumb condition is degenerative, with work aggravating the symptoms but not causing them. Johnson concurred in Smith's report. Claimant also saw Dr. Sohlberg, an orthopedic surgeon, who concluded that claimant's thumb condition is hereditary and does not have any relationship to work. The carpal tunnel syndrome claim was closed with no award of permanent partial disability.

Claimant's bilateral thumb pain persisted. Claimant saw Drs. Buehler and Woolley, both hand surgeons, and, in March 2006, he began treatment with Woolley, who diagnosed bilateral trapeziometacarpal joint arthritis. Claimant filed an occupational disease claim, seeking to establish the compensability of his thumb condition. Employer requested an independent medical examination (IME) by Dr. Fuller, an orthopedic surgeon, and Dr. Bell, a neurologist. They diagnosed bilateral trapeziometacarpal arthritis and opined that claimant's condition pre-existed his November 19, 2004, injury, that it is not related to work activity, and that the major contributing cause of claimant's condition is genetic. They explained: "For some reason, in some people, the volar beak ligament, which is the major stabilizer of the trapeziometacarpal joint, becomes stretched out with advancing age." Fuller and Bell did not believe that claimant's work activities were the cause of his osteoarthritic thumb condition, reasoning that if they were, one would expect to find a similar osteoarthritic breakdown of his more vulnerable carpal, metacarpal, and interphalangeal joints, which was not present. Drs. Smith and Buehler concurred in the IME panel's report. Employer denied the claim.

Woolley performed surgical fusions on claimant's right and left thumbs, in July 2006 and February 2007, respectively. He disagreed with the other physicians. In a letter prepared by claimant's counsel, in which Woolley concurred, he expressed his opinion that claimant's thumb condition was work related and that work was the major contributing cause of the condition. Woolley explained:

"You noted that [claimant] is very young to develop osteoarthritis, as he is only 43 years old. If his osteoarthritis was due to aging, you would expect it to have developed in his 60's or 70's.
"You do not believe that [claimant] has a genetic pre-disposition to developing osteoarthritis. You indicated that none of the other joints in his hands, such as his fingers, reveal osteoarthritis. You noted that he does not have osteoarthritis in any other part of his body, either. You have no reason to believe that he has any genetic pre-disposition to developing osteoarthritis. You have no reason to believe that [claimant] has any congenital abnormalities.
"You also noted that osteoarthritis in the thumbs is typically seen in women, in particular post-menopausal women. You noted that [claimant] obviously does not fall within this category and that this also supports your conclusion that his osteoarthritis is work related.
"You reasoned that [claimant] performed significant lifting for 16 years which required *32 repetitive pinching of his thumbs. You indicated that this kind of grabbing/pinching activity places significant loading on the thumbs and ultimately leads to a wear and tear of the thumb joints. You stated that wear and tear over time led to instability of his joints causing the osteoarthritis. You stated that his TMC or thumb joints became unstable over time because of the repetitive grabbing/pinching use. You stated that over time with continued use, his cartilage in his thumbs wore off due to the repetitive friction from the pinching/grabbing.
"You stated that contusions/strains, such as the work injury he sustained on November 19, 2004, also contribute to the osteoarthritis, because they cause damage to the cartilage which leads to instability of the ligament. You stated that jamming one's thumb also contributes to the development of osteoarthritis because it damages the ligament causing instability and then osteoarthritis.
"* * * * *
"You also reasoned that the thumb basal joint (where the thumb meets the wrist) is exposed to very high stresses with grabbing activities and that the forces felt at the tip of the thumb are multiplied twelve times in their effect on the thumb base, thus predisposing this joint to wear and tear. You stated that [claimant's] work activities as a ramp serviceman are the exact kind of activities to cause wear and tear to the thumb joint because of the grabbing involved and that this wear and tear led to the osteoarthritis in his thumbs.
"You noted several medical articles that support your medical opinion and conclusion. Enclosed please find two articles dealing with pinching activities and development of osteoarthritis in the thumb joints as a result. The two articles are 1) `Contact patterns in the trapesiometacarpal joint: the role of the palmar beak ligament' by Pelligrini, VD, Olcott, CW, Hellenberg, G. (J. Hand Surg.1993) and 2) `Sequential Wear Patterns of the Articular Cartilage of the Thumb Carpometacarpal Joint in Osteoarthritis' (The Journal of Hand Surgery/Vol. 28A No. 4 July 2003).

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Related

Armstrong v. Asten-Hill Co.
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United Airlines v. Clark
246 P.3d 30 (Court of Appeals of Oregon, 2010)

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Bluebook (online)
246 P.3d 30, 240 Or. App. 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-airlines-v-clark-orctapp-2010.