Stedman v. Garrett Freightlines

Claimant appeals a Workers’ Compensation Board order affirming the referee’s partial denial of compensability. The sole issue is whether claimant established by a preponderance of the evidence that his paralyzed right hemidiaphragm is causally connected to his compensable neck and shoulder injury. We review de novo, ORS 656.298(6), and reverse.

Claimant drives trucks for respondent. On October 8, 1980, he injured his shoulder and neck while trying to free a jammed “fifth wheel” pin to disconnect a trailer. On October 13, he saw Dr. Noall, an orthopedic surgeon, who diagnosed a muscle and…