54 Van Natta 200 (2002). BEVERLY HAHN, Claimant.

Case DateApril 19, 2002
CourtOregon
Oregon Worker Compensation 2002. 54 Van Natta 200 (2002). BEVERLY HAHN, Claimant 200In the Matter of the Compensation of BEVERLY HAHN, ClaimantWCB Case No. 99-05233ORDER OF DISMISSAL (REMANDING)Nicholas M Sencer, Claimant AttorneysJ Keene, Reinisch Et Al, Defense AttorneysReviewing Panel: Members Biehl and Bock.The insurer requested review of those portions of Administrative Law Judge (ALJ) Hazelett's order that: (1) set aside its denial of claimant's injury claim for a bilateral jaw condition; and (2) awarded a $15,000 assessed attorney fee under ORS 656.386(1). Claimant cross-requested review of that portion of the ALJ's order that declined to assess penalties for an allegedly unreasonable denial. The insurer has submitted a motion requesting immediate remand to the ALJ. Based on the following reasoning, the motion is granted. In support of the motion to remand, the insurer alleges that the ALJ's order appears to have omitted a significant portion of the Findings of Fact. Claimant acknowledges that the order may have "omitted some number of words." Claimant does not oppose the motion to remand "for the limited purpose of reissuing a complete version of the Opinion and Order." The ALJ has confirmed in a letter to the Board that a paragraph was inadvertently omitted from the Findings of Fact in the original order.1 Based on the insurer's motion, claimant's response, and the representations of the ALJ, we find that this case has been incompletely and insufficiently developed. See ORS 656.295(5). Furthermore, considering these particular circumstances, we conclude that an immediate remand is warranted to allow the ALJ an opportunity to correct the omissions in the Findings of Fact. Cheryl M.Gatchell, 52 Van Natta 1514 (2000); Ronald D. Reynolds, 51 Van Natta 1552 1 The ALJ also...

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