54 Van Natta 161 (2002). JOHN H. GROTJOHN, Claimant.

• Case Date: April 12, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 161 (2002). JOHN H. GROTJOHN, Claimant 161In the Matter of the Compensation of JOHN H. GROTJOHN, ClaimantWCB Case No. 00-04053ORDER ON REVIEWClaimant UnrepresentedBreathouwer and Gilman, Defense AttorneysReviewing Panel: Members Biehl, Phillips Polich, and Bock.1Claimant, pro se, requests review of Administrative Law Judge (ALJ) Hoguet's order that: (1) found that the parties agreed to defer/preserve any overpayment issues; and (2) affirmed an Order on Reconsideration that awarded 15 percent (22.5 degrees) scheduled permanent disability for loss of use or function of claimant's left knee. On review, the issues are the ALJ's procedural ruling and extent of scheduled permanent disability. We adopt and affirm the ALJ's order with the following supplementation. Claimant asks us to decide whether the employer properly deducted an alleged overpayment. We decline to address the issue, for the following reasons. The ALJ stated that the parties agreed to defer or preserve any overpayment issues. No overpayment issue was subsequently raised on the hearings record. Under these circumstances, we find that no issue of overpayment was raised at hearing.2 See Michael R. Petkovich, 34 Van Natta 98 (1982) (an ALJ's scope of review is limited to issues raised by the parties); see also Fister v. SAIF, 149 Or App 214 (1997) (Board's own precedent establishes the rule that we consider only issues raised by the parties at the hearing); Destael v. Nicolai, 80 Or App 723 (1986) (scope of our de novo review encompasses all issues considered by the ALJ). 1 After consultation with the Department of Justice, this Board has chosen to exercise its right to...