Winter 2009 SBH Work Comp Quarterly
PDF FormatOregon Workers' Compensation Board Decisions
At closure, ask the attending physician to approve an accurate job description to ward off work disability awards.
A work disability award greatly increases the amount of a permanent partial disability award and the total cost of a claim. Therefore, when closing a claim, it becomes paramount to have the attending physician review an accurate job description and request claimant be released to regular work. Recent Board cases have upheld the importance of the attending physician in determining work disability.
For instance, in Julia Escobedo, 60 Van Natta 3289 (2008), the Board upheld claimant was not entitled to a work disability award when the attending physician released claimant to regular work but the medical arbiter stated she had work restrictions. The Board found the medical arbiter's opinion irrelevant because the attending physician released the worker to regular work at the job held at the time of injury; the job was available but the worker refused to return to the job. ORS 656.726(4)(f)(D)(ii). Also, we are awaiting a final order from the Board in another claim where a work disability award was allowed when the record did not establish the attending physician was provided or reviewed claimant's job description despite a closing examination that stated claimant was capable of regular work without restrictions. See Keith Weyerts, 60 Van Natta 3023 (2008). Therefore, when closing a claim, clarify with the attending physician what a regular work release means.
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