Worldmark the Club v. Travis

984 P.2d 898, 161 Or. App. 644, 1999 Ore. App. LEXIS 1229
CourtCourt of Appeals of Oregon
DecidedJuly 7, 1999
DocketWCB 97-08466; CA A102570
StatusPublished
Cited by7 cases

This text of 984 P.2d 898 (Worldmark the Club v. Travis) 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
Worldmark the Club v. Travis, 984 P.2d 898, 161 Or. App. 644, 1999 Ore. App. LEXIS 1229 (Or. Ct. App. 1999).

Opinion

*646 BREWER, J.

Employer seeks review of a Workers’ Compensation Board order setting aside employer’s denial of claimant’s claim based on a combined low-back condition. The Board determined that the combined condition was compensable because claimant’s work injury was the major contributing cause of his need for treatment. ORS 656.005(7)(a)(B). We affirm.

We take the following undisputed facts from the record. ORS 656.298(7). 1 In 1970, before working for employer, claimant experienced back problems and underwent a lumbar laminectomy at L4-L5. After the surgery, claimant was essentially pain free, except for occasional flare-ups for which he obtained chiropractic care. Those flare-ups never included any radicular pain. Claimant was last treated by a chiropractor in 1989. In 1995, claimant sustained an injury to his buttocks when he fell from a truck. The pain from that injury also occasionally recurred and required treatment but never involved radicular pain.

Claimant began working for employer in 1996. In 1997, while working for employer as a housekeeper, claimant was bending over making a bed when he felt an “electric shock” and harsh pain in his back and legs. The pain caused claimant to collapse momentarily onto the bed. Claimant had never felt that type of pain before. He was able to continue his shift, but the pain was “extreme.” Within a few days, claimant’s right leg began to “give out.”

Dr. Salmons, a chiropractor, initially treated claimant and diagnosed a lumbosacral sprain. After initial treatment, Salmons referred claimant to Dr. Fox, a medical doctor. Fox diagnosed an acute lumbar strain and a “probable ligament tear strain,” took x-rays and ordered an MRI for claimant’s back. Those images revealed degenerative joint disease, degenerative disc disease, a disc herniation at L4-L5, and the results of the 1970 laminectomy. Fox then referred claimant to Dr. Chestnut, a neurologist. Chestnut ordered a *647 CT scan that revealed mild scoliosis and degenerative disc disease. Chestnut wanted claimant to see Dr. Karasek, another neurologist, in order to locate the source of claimant’s pain. Before Karasek examined claimant, employer accepted a disabling claim for a “lumbar strain.”

After employer accepted the claim — but before Karasek examined him — claimant underwent an independent medical evaluation by Dr. Farris, an orthopedist. Farris diagnosed a disc herniation at L4-L5, preexisting scoliosis and degenerative disc disease, and preexisting degenerative hip arthritis. Farris suggested that claimant’s problem was caused by the right hip joint instead of his lumbar spine. However, he also said that, if claimant had never experienced any radicular symptoms before the 1997 work injury, then that injury was “the major contributing cause of [the] disc herniation.”

Karasek then examined claimant and performed tests in an attempt to determine the origin of the pain. Karasek also reviewed Farris’s report and agreed with Farris’s conclusions. At that time, Karasek stated that the assessment of any causal relationship must await further diagnosis. Farris subsequently reviewed Karasek’s records and issued a second opinion in which he stated that the causation issue depended on whether “[claimant] had significant problems with his low back over the years * *

In response to inquiries from employer’s insurer, Fox also gave an opinion on the cause of claimant’s current condition. Fox concluded that the work injury was the “major contributing cause of [claimant’s] condition.”

Based on those intervening medical opinions, employer amended its original acceptance to include a combined condition. ORS 656.005(7)(a)(B). 2 It accepted a disabling claim for the previously accepted lumbar strain combined with

*648 “preexisting noncompensable status post lumbar laminectomy, L4-L5, on the right remote; disc herniation, L4-L5, on the right; scoliosis and degenerative disc disease of the lumbar spine, pre-existing and degenerative disc arthritis of the right hip, pre-existing.”

Employer then issued a denial of the combined condition on the ground that the work injury was not the “major contributing cause” of claimant’s low-back condition and need for treatment. Subsequently, Karasek and Chestnut rendered opinions regarding the cause of claimant’s combined condition. Chestnut concluded that both the work injury and the preexisting conditions “share[d] the culpability in an unquantified and probably unquantifiable ratio.” Karasek stated that he thought the work injury “was significant and the cause of [claimant’s] current need for treatment.” Employer subsequently closed the claim, and claimant requested a hearing seeking reversal of the denial of compensability.

The ALJ set aside employer’s denial on procedural grounds. The Board affirmed the ALJ, although on different grounds. The Board analyzed the doctors’ opinions regarding causation and concluded that they established that claimant’s work injury was the major contributing cause of his combined condition. The Board, therefore, determined that claimant’s condition was compensable. This petition for judicial review by employer followed.

We review the Board’s legal conclusions for errors of law and determine whether its findings are supported by substantial evidence in the record. ORS 183.482(8)(a). Substantial evidence supports a finding when the record, viewed as a whole, permits a reasonable person to make that finding. ORS 183.482(8)(c); Garcia v. Boise Cascade Corp., 309 Or 292, 295, 787 P2d 884 (1990).

On review, employer initially contends that whether claimant suffered a herniated L4-L5 disc is “unresolved” in the record. The Board accepted medical evidence that claimant did suffer such a herniation. That determination was supported by substantial evidence, including x-rays taken after the 1997 injury and the diagnosis of Farris, the independent medical examiner in this case. We reject employer’s *649 suggestion that the issue of whether or not a herniated disc or similar pathology existed remains an unresolved "mysteiy.” While, as employer argues, the medical record includes conflicting evidence on the subject, the existence of discrepancies among various doctors’ opinions does not generally vitiate their evidentiary value. See Armstrong v. Asten-Hill Co., 90 Or App 200, 752 P2d 312 (1988).

Employer next asserts that the Board erred in concluding that the doctors’ opinions constituted substantial evidence that the work injury was the major contributing cause of claimant’s current condition or need for treatment.

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Bluebook (online)
984 P.2d 898, 161 Or. App. 644, 1999 Ore. App. LEXIS 1229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worldmark-the-club-v-travis-orctapp-1999.