Reinisch Wilson Weier PC Workers' Compensation Defense and Employment Law

Work Disability

By Reinisch Wilson Weier PC, Apr 01, 2013

Ruth N. Mena, 65 Van Natta 252 (February 6, 2013). Claimant’s attending physician unequivocally released claimant to her regular work relative to her accepted right shoulder injury. However, the attending later indicated the worker was restricted to no above shoulder work. He noted the restriction was not due to any work related cause, but rather to claimant’s non-work related degenerative and age-related changes.

Applying ORS 656.726(4)(f)(E) (2007), the Board held that claimant was not entitled to a work disability award for her right shoulder condition because, although her attending physician had noted work restrictions for non-work related changes, claimant was released to regular work insofar as her accepted right shoulder conditions are concerned.

 



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