No citing cases on record.
v.
Carehere
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
Submitted October 26, affirmed November 23, 2022
In the Matter of the Compensation of
Robert Rochette, Claimant.
Robert ROCHETTE,
Petitioner,
v.
CAREHERE,
Respondent.
Workers’ Compensation Board
1906113, 2002570; A177372
Aaron S. Price and Welch, Bruun & Green filed the briefs
for petitioner.
Courtney C. Kreutz filed the brief for respondent.
Before Tookey, Presiding Judge, and Egan, Judge, and
Kamins, Judge.
[*~766–768]EGAN, J.
Affirmed.
Nonprecedential Memo Op: 322 Or App 766 (2022) 767
EGAN, J.
In a petition for judicial review, claimant, who suffered a compensable injury at work, challenges an order of the Workers’ Compensation Board affirming an order of an administrative law judge (ALJ) upholding employer’s denial of claimant’s new/omitted medical condition claims for a right shoulder rotator cuff tear and a right biceps tendon rupture. Contrary to claimant’s contention, the board did not fail to decide claimant’s challenge to the denial of the rotator cuff tear; the board simply affirmed the ALJ’s order upholding the denial without writing further. Substantial evidence supports the board’s determination that that claim is not compensable. See ORS 183.482(8)(c) (setting forth substantial evidence standard). Substantial evidence also supports the board’s determination upholding the denial of the new/omitted medical condition claim for a biceps tendon rupture, based on the board’s determination that claimant did not establish the existence of the claimed condition.
[*~767–768]Affirmed.