54 Van Natta 278 (2002). JOHN GOSTEVSKY, Claimant.

Case DateMay 07, 2002
CourtOregon
Oregon Worker Compensation 2002. 54 Van Natta 278 (2002). JOHN GOSTEVSKY, Claimant 278In the Matter of the Compensation of JOHN GOSTEVSKY, ClaimantWCB Case No. 02-00814, 01-06600ORDER REMANDINGCallahan and Stevens, Claimant AttorneysJohnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Lowell and Bock.Claimant has requested Board review of Administrative Law Judge (ALJ) Martha Brown's order that upheld the insurer's denials of his left upper extremity radiculopathy condition and his current cervical and thoracic conditions. Based on the following reasoning, the ALJ's order is vacated and this case is remanded. Following claimant's request for review, the Board's staff ordered a transcript of the proceedings. However, the court reporting service advised the Board that the tapes of the hearing were blank and that therefore no transcript could be produced. The Board's staff counsel proposed that the parties' counsel confer regarding the possibility of submitting a stipulation of facts regarding the events that transpired at the hearing. The parties have now advised the Board that no agreement can be reached regarding a submission of stipulated facts, and that claimant requests another opportunity to testify. Should we determine that a case has been...

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