District Court reversal and award of benefits in a chronic fatigue syndrome case finding that the ALJ did not properly analyze the case in light of SSR 99-2p. The ALJ’s personal skepticism about CFS and the substitution of his own medical opinions influenced the analysis of the case. Because the plaintiff produced objective evidence of … Read more
1125. District Court decision reversing the denial of benefits. The ALJ failed to offer clear and convincing reasons for rejecting the plaintiffs testimony regarding back pain, including the need to lie down. As a result, the Court found that the plaintiffs testimony must be credited as true. Because the VE testified that a need to … Read more
District Court decision with several finds, including a holding that a nurse practitioner working in conjunction with a physician is an acceptable medical source, because she acts as his agent and is entitled to the same considerations as a treating source. The ALJ should have provided the same specific and legitimate reasons for rejecting the … Read more
By The Oregonian/OregonLive Portland police are looking for the driver of a red Pontiac involved in a road rage incident that caused a semi with two trailers to roll on the Glenn Jackson Bridge. The 2:30 a.m. incident, which closed the I-205 span’s southbound lanes for several hours, was one of three dramatic overnight highway crashes … Read more
Injured workers who found themselves without a remedy when their work injury claims were denied were given another option when the Oregon Supreme Court issued its opinion in Smothers v. Gresham Transfer, Inc.(1) in May 2001. Terry Smothers filed an “occupational disease” claim for a lung disorder developed after exposure to fumes and mist containing … Read more
This is the third in our series reviewing basic medical-legal aspects of our legal specialties. The focus of this edition is Oregon Workers’ Compensation law. Issues frequently arising in Workers’ Compensation disputes include “preexisting conditions” and “major cause.” The bulk of Volume 27 of our Medical-Legal Journal is devoted to sorting out the various applications … Read more
A Grants Pass physician asks, how can physician document causation and determine whether a specific activity/job is at least 51% responsible for a problem? This question is pertinent in Workers’ Compensation law. First, we must recognize the difference between an occupational injury and an occupational disease. An occupational injury is a specific event. An occupational … Read more
With this issue, the MEDICAL-LEGAL JOURNAL begins circulation to medical professionals in Northern California. Formerly called Southern Oregon MEDICAL-LEGAL JOURNAL, our banner now reads State of Jefferson MEDICAL-LEGAL JOURNAL. We welcome the Northern California medical community to our readership. Black, Chapman, Webber and Stevens has distributed the MEDICAL-LEGAL JOURNAL quarterly as a public service to … Read more
When a young teenager was blinded in his right eye while playing with ammunition primer caps at a friend’s home, his parents retained us to represent him against the homeowner for negligent supervision. The Insurance company for the homeowner denied all liability. Discovery of the facts revealed that the homeowner had furnished alcohol to the … Read more
By Mark Freeman Medford Mail Tribune A former Medford attorney and long-time leader within the state’s largest hunting organization was confirmed this week for a seat on the Oregon Fish and Wildlife Commission. Bob Webber, 65, of Port Orford was confirmed Monday by the Oregon Senate to represent Oregon’s Fourth Congressional District on the seven-member … Read more