Claimant seeks review of an order of the Workers’ Compensation Board upholding employer’s denial of his claim for back and neck pain. We review for substantial evidence, ORS 183.482(8)(c), and affirm.
On June 24, 1993, claimant suffered an electric shock while working on a power line. He sought treatment at Albany General Hospital for tingling in his hand. He filed a
Claimant requested a hearing. On November 29, 1993, the referee set aside the denial of claimant’s hand injury claim, but held that claimant’s back and neck strain was not related to the compensable injury. The referee held:
“I do not find that claimant has established that the neck and back complaints and the attendant objective findings were related to the June 24, 1993 injury. Dr. McGill ‘assumed’ that claimant’s neck and back condition was related because it was the most traumatic event claimant reported to him. An attribution based on ruling out other causes is not sufficient under ORS 656.266. Thus, those findings, even if considered objective, are not related to the June 24, 1993 injury[.]”
The Board affirmed.
In his first assignment, claimant argues that the Board erred when it required expert medical evidence to establish the causal link between the shock and claimant’s back and neck pain. Claimant asserts that expert medical evidence is not required when the cause of the injury is readily apparent. Barnett v. SAIF, 122 Or App 279, 283,
In claimant’s second assignment, he argues that the Board erred when it held that McGill’s opinion on causation was insufficient because it was established by disproving other possible causes. See ORS 656.266.
We disagree with claimant for two reasons. The Board did not rely solely on ORS 656.266 in making its findings. It found that “Dr. McGill’s assumption of a causal relationship is [not] sufficient to establish that it is medically probable that the electrical shock caused the strain.” To prove medical causation, a medical opinion must be based on medical probability. Lenox v. SAIF,
However, even if the Board’s finding dealt solely with the issue of whether McGill’s report satisfied the requirements of ORS 656.266, its findings are supported by substantial evidence. Claimant’s interpretation of McGill’s report is one possible interpretation. However, the Board did not accept claimant’s interpretation of that report. When it interpreted the report, it found that ‘ ‘Dr. McGill’s assumption of a causal relationship is [not] sufficient to establish that it is medically probable that the electrical shock caused the strain. McGill merely stated that, ‘Since [claimant] can relate no other incidents, etc., that would account for his current symptoms, I must assume that his current condition is the result of the most
In his final assignment, claimant argues that, because there was no medical evidence to the contrary, the Board erred in rejecting McGill’s conclusion. Claimant contends that, absent persuasive reasons not to do so, we generally defer to the treating physician’s opinion. Weiland v. SAIF,
Affirmed.
Notes
McGill also reported:
“Since [claimant] can relate no other incidents, etc., that would account for his current symptoms, I must assume that his current condition is the result of the most traumatic event that has happened to him thus far: the electrocution on 6-24-94.”
ORS 656.266 provides, in part:
“The worker cannot carry the burden of proving that an injury or occupational disease is compensable merely by disproving other explanations of how the injury or disease occurred.”
