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Moreno v. Menlo Logistics12/27/2000
ter his injury, a nurse at the urgent care clinic noted that claimant "continues to have left lower back and hip pain." The physician on duty at the urgent care clinic reported "lumbar pain with numbness left lat thigh and painful gait." Pierson's report that claimant complained mainly of neck and upper back pain immediately after the injury is not inconsistent with those medical notes. Additionally, claimant's statement to the investigator and his testimony at hearing that it was his hip that hurt most after the injury is not necessarily inconsistent with a low back strain.
In summary, the Board has not adequately explained its rejection of Pierson's report based on an inconsistency with claimant's testimony that does not appear to be material to the question of medical causation of the low back strain. SAIF v. Grant, 135 Or App 293, 297, 897 P2d 1200 (1995). Accordingly, we remand the claim to the Board for reconsideration in light of our conclusion that any inconsistency between Pierson's report and claimant's testimony does not justify the Board's disregard of the medical report for the purpose of determining medical causation of the low back strain.
Reversed and remanded for reconsideration.
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