In the Matter of the Compensation of Angelica M. Spurger, Claimant,
SAIF CORPORATION and Pacifc Health and Rehabilitation, Respondents. Angelica M. SPURGER, Petitioner,
and submitted March 7, 2017
Workers' Compensation Board 1006324
M. Hooten argued the cause and fled the briefs for
L. Runner argued the cause and fled the brief for
DeHoog, Presiding Judge, and Armstrong, Judge, and Aoyagi,
seeks judicial review of an order of the Workers'
Compensation Board that she is not entitled to an award of
five percent impairment for a chronic and permanent medical
condition. Claimant contends that, in light of medical
evidence that she would have "difficulty" with
repetitive use of the hip, her condition meets the legal
standard of a "significant" limitation under OAR
436-035-0019 for a chronic condition impairment value.
Held: The board's order lacked substantial
reason because it did not explain why a
"difficulty" performing repetitive squatting,
walking long distances, and static standing is not a
"significant" limitation on claimant's use of
the hip for purposes of OAR 436-035-0019.
Or.App. 228] ARMSTRONG, J.
workers' compensation case, claimant challenges the
Workers' Compensation Board's determination that she
is not entitled to an award of five percent impairment for a
chronic and permanent medical condition, as defined in OAR
436-035-0019(1)(i). This is the second time that we have
considered a board order rejecting claimant's request for
an award for chronic condition impairment. See Spurger v.
SAIF, 266 Or.App. 183, 337 P.3d 883 (2014). We conclude
that the board's order is not supported by substantial
reason, and we therefore reverse and remand the order.
works for employer as a certified medication aid (CMA).
Claimant's job overseeing distribution of medication for
approximately 50 patients per shift has a "light"
classification, and involves continuously being on her feet,
frequently changing positions, walking, and standing.
Claimant's job also requires squatting to reach a
medication drawer, occasional sitting, repositioning a
patient, and helping an RN by lifting or holding a limb.
suffered an injury at work while moving a bed. SAIF accepted
a claim for lumbar strain, left hip strain, and trochanteric
bursitis. Within a week or so of the injury, claimant was
released to modified work at her regular hours and wages. At
the time of claim closure, claimant was examined by Dr. Wong
at SAIF's request. In rating claimant's limitation in
repetitive use relating to the left hip, Wong had a choice of
"no limitation, " "some limitation, " or
"significant limitation, " and he checked the box
indicating that claimant had "some limitation."
Claimant's treating physician concurred in that opinion.
Given further information by claimant's attorney as to
what constitutes a "significant limitation, " Wong
maintained his opinion that claimant has "some
limitation." However, Wong specifically concurred in
claimant's counsel's statement that claimant would
have "difficulty" with "repetitive squatting,
walking long distances, and static standing for long periods
of time." He released claimant for work, recommending
that she be limited to "light/sedentary" work and
that she work two days on, one day off, two days on.
Claimant's treating physician concurred in Wong's
opinion and recommendations.
Or.App. 229] OAR 436-035-0019(1)(i) defines "chronic
"A worker is entitled to a 5% chronic condition
impairment value for each applicable body part, when a
preponderance of medical opinion establishes that, due to a
chronic and permanent medical condition, the worker is
significantly limited in the ...