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In re Compensation of Johnson

Court of Appeals of Oregon

March 28, 2018

In the Matter of the Compensation of Marisela Johnson, Claimant.
v.
SAIF CORPORATION and The Terrace Corporation, Respondents. Marisela JOHNSON, Petitioner,

          Argued and submitted January 5, 2017

          Workers' Compensation Board 1202168, 1201864

          Donald M. Hooton argued the cause and filed the briefs for petitioner.

          Julie Masters argued the cause and filed the brief for respondents.

          Before Ortega, Presiding Judge, and Egan, Chief Judge, and Lagesen, Judge.

         Case Summary:

         Claimant seeks review of an order of the Workers' Compensation Board holding that benefits for impairment for her compensable hand injury should not include that portion of claimant's impairment attributable to a denied claim for injuries to the left shoulder.

         Held:

         The Court of Appeals rejected most of claimant's contentions for reasons expressed in its recent opinion in McDermott v. SAIF, 286 Or.App. 406, 398 P.3d 964 (2017). The court further explained that the board did not err because there is no compensation due for a denied condition.

         Affirmed.

         [291 Or. 2] EGAN, C.J.

         Claimant seeks review of an order of the Workers' Compensation Board holding that benefits for impairment for her compensable hand injury should not include that portion of claimant's impairment attributable to a denied claim for injuries to the left shoulder. We conclude that the board did not err and affirm.

         Claimant compensably injured her left hand when it got caught in a closing elevator door. SAIF accepted a claim for disabling contusions and an abrasion. After initial treatment of the hand, claimant sought treatment for pain in her left forearm, left shoulder, and upper back, which she attributed to pulling her hand back suddenly when it got caught in the elevator door. An MRI revealed a partial tear of the left shoulder supraspinatus tendon.

         Claimant's attending physician determined that claimant's hand injury had resolved and that she was medically stationary without permanent impairment. SAIF ...


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