Klutsenbeker v. Jackson County
Decision Date | 13 November 2002 |
Citation | 185 Or.App. 96,57 P.3d 925 |
Parties | In the Matter of the Compensation of Charles F. Klutsenbeker, Jr., Claimant. Charles F. KLUTSENBEKER, Jr., Petitioner, v. JACKSON COUNTY, Respondent. |
Court | Oregon Court of Appeals |
57 P.3d 925
185 Or.App. 96
Charles F. KLUTSENBEKER, Jr., Petitioner,
v.
JACKSON COUNTY, Respondent
98-06559, 98-04553, 97-07040; A112885.
Court of Appeals of Oregon.
Argued and Submitted October 12, 2001.
Decided November 13, 2002.
Damon L. Vickers, McMinnville, argued the cause for respondent. On the brief were Brian M. Solodky and Cummins, Goodman, Fish, Denley & Vickers, P.C.
Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN,1 Judges.
SCHUMAN, J.
Claimant requested that employer expand the scope of two claim acceptances, each relating to a separate employment-related back injury. Employer denied the requests. An administrative law judge (ALJ) and then the Workers' Compensation Board (board) affirmed. Claimant seeks judicial review. We affirm the denial of one request and, on the other denial, we reverse and remand for reconsideration.
On April 16, 1997, claimant experienced back pain while at work. He made a claim for workers' compensation benefits. Medical evidence established that the pain resulted from a strain, herniated discs, and degenerative spine disease. Employer accepted the claim insofar as it involved the strain but denied the compensability of the degenerative spine disease and disc herniations. Claimant then filed requests that employer expand its acceptance of two earlier accepted claims so as to include those denied conditions. Claimant maintained that employer's acceptance of a claim stemming from a 1985 work injury encompassed degenerative spine disease and that an acceptance of a "low back condition" resulting from a 1986 work injury encompassed disc herniations. Claimant, in other words, argued that, to the extent his 1997 condition resulted from degenerative spine disease and disc herniations, the 1997 causes were already accepted as part of the earlier acceptances. We deal with each earlier acceptance in turn.
THE 1985 CLAIM
On August 1, 1985, claimant hurt his back while bending and pulling at work. His physician diagnosed lumbosacral strain and sciatica, but when conservative treatment did not lead to improvement, a follow-up examination revealed a large herniated disk at L4-5. After an additional period of conservative treatment, claimant was released to work. Litigation regarding compensability and responsibility for this injury resulted in an order issued by an ALJ (the
Like the ALJ and the board, we find claimant's arguments unpersuasive. The scope of an acceptance is a matter of fact; we will affirm the board's resolution of that matter if it is supported by substantial...
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Cloud v. Klamath County School Dist.
...in Piwowar: it functions to determine the "scope of ambiguous or vague acceptances such as `sore back.'" Klutsenbeker v. Jackson County, 185 Or.App. 96, 101, 57 P.3d 925 (2002). Here, insurer's previous acceptance referred to a specific condition; it was not ambiguous or vague. However, we ......
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In Matter of Compensation of Cloud, 01-03439; A119780 (Or. App. 1/28/2004), 01-03439; A119780.
...rule in Piwowar: it functions to determine the "scope of ambiguous or vague acceptances such as 'sore back.'" Klutsenbeker v. Jackson County, 185 Or App 96, 101, 57 P3d 925 (2002). Here, insurer's previous acceptance referred to a specific condition; it was not ambiguous or vague. However, ......