Here’s the bulk of an article that was published in the Medford Mail Tribune on December 30, 2010 with details of the accident. Police have cited a truck driver whose trailer overturned on Biddle Road Dec. 21 with careless driving and making an improper turn. The 59-year-old man who was pinned inside his pickup after … Read more
The 1965 football team, coached by Linfield Hall of Fame inductee Paul Durham, has the distinction of being the second Linfield football team to appear in a national championship game. Led by quarterback Terry Durham, the Wildcats compiled a 7-1 regular season win-loss record. The team opened the year with a convincing 17-0 victory over … Read more
BY VICKIE ALDOUS A Crater High School teacher accused of having sex with an underage student has entered not guilty pleas to 12 counts of second and third-degree sexual abuse. Jeffrey Robert Zundel, 52, entered the pleas Dec. 3. in Jackson County Circuit Court. On Thursday he was granted a travel permit to take a … Read more
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