05-03420 (2007). TUDOR DELCEY, Claimant.

CourtOregon
Oregon Worker Compensation 2007. 05-03420 (2007). TUDOR DELCEY, Claimant In the Matter of the Compensation of TUDOR DELCEY, ClaimantWCB Case No. 05-03420ORDER ON REVIEW Daniel Snyder, Claimant Attorneys James B Northrop, SAIF Legal, Defense Attorneys Reviewing Panel: Members Kasubhai and Langer. Claimant requests review of Administrative Law Judge (ALJ) Spangler's order that upheld the SAIF Corporation's denial of claimant's occupational disease claim for a mental disorder. Claimant also argues that the ALJ prejudged his claim, before hearing the evidence. We interpret claimant's allegation of bias as a request for a new hearing before a different ALJ. See Devin S. Demarce, 56 Van Natta 222 (2004). On review, the issues are remand and compensability. We deny the motion to remand and adopt and affirm the ALJ's order with the following supplementation. In support of his motion for a new hearing, claimant has submitted affidavits alleging ALJ bias. However, our review must be based on the record certified to us. ORS 656.295(3), (5); Judy A. Britton, 37 Van Natta 1262 (1985). Therefore, we may consider the affidavits only for the purpose of determining whether remand is appropriate. If claimant believed that the ALJ was biased in favor of SAIF, it was incumbent upon claimant to object at the hearing level and request a change of ALJ at that time. See OAR 438-006-0095(2).[1] Claimant's request for a new hearing before a different ALJ at this stage in the litigation is neither timely nor in accordance with the applicable administrative rule. See Philip G. Michael, 46 Van Natta 519 (1994) (OAR 438-06-0095 requires a timely objection and request for a change of ALJ based on bias or prejudice). Regarding the merits of claimant's mental disorder claim, we supplement the ALJ's order as follows. To establish the compensability of his mental disorder, claimant's employment conditions must be the major contributing cause of the disorder. ORS 656.802(2)(a). If the occupational disease claim is based on the worsening of a preexisting disease or condition, claimant must also prove that employment activities were the major contributing cause of a pathological worsening of the disease. ORS 656.802(2)(b). The diagnosis must be for a mental or emotional disorder generally recognized in the medical or psychological community, and the...

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