55 Van Natta 4273 (2003). LINDA D. FRYE, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4273 (2003). LINDA D. FRYE, Claimant 4273In the Matter of the Compensation of LINDA D. FRYE, ClaimantWCB Case No. 03-02218ORDER ON REVIEWGlen J Lasken, Claimant Attorneys Bruce A Bornholdt, SAIF Legal, Defense AttorneysReviewing Panel: Members Kasubhai and Langer.Claimant requests review of Administrative Law Judge (ALJ) Peterson's order that upheld the SAIF Corporation's de facto denial of claimant's low back sprain condition. In its respondent's brief, SAIF moves to strike references in the claimant's brief regarding an exhibit not admitted at hearing. On review, the issues are motion to strike and compensability. We adopt and affirm the ALJ's order with the following supplementation regarding the evidentiary issue. At hearing, the ALJ noted that Exhibits 1 through 48 had been submitted by SAIF. (Tr. 1). Thereafter, claimant's counsel indicated that he had submitted Exhibits 49 and 50 but, "in light of pretrial discussions," claimant withdrew Exhibit 50. (Id.) SAIF then submitted an "IME" report which was designated Exhibit 50. Claimant's counsel then indicated that he was contemplating withdrawing Exhibit 49. (Tr. 3, 4). Claimant's counsel requested that they go "off the record." After resuming the proceeding, claimant's counsel withdrew Exhibit 49. (Tr. 4). In her appellant's brief, claimant cites to Exhibit 49 (a medical report from Dr. Andrews, an orthopedic specialist) in support of finding the claimed low back condition compensable. In response, SAIF has moved to strike claimant's references to Exhibit 49 as it had not become part of the evidentiary record. In her reply brief, claimant supplied a copy of Exhibit 49, asserting that it had been "inadvertently excluded" from the record. Because Dr. Andrews' report was not admitted as evidence...