55 Van Natta 4310 (2003). NANCY D. TRAVER, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4310 (2003). NANCY D. TRAVER, Claimant 4310In the Matter of the Compensation ofNANCY D. TRAVER, ClaimantWCB Case No. 02-08896, 02-08895, 01-04273ORDER ON REVIEWWelch Bruun and Green, Claimant Attorneys Michael G Bostwick LLC, Defense Attorneys Scheminske et al, Defense AttorneysReviewing Panel: Members Biehl and Lowell.Pacific Employers Insurance Company and Sedgwick Claims Management Services (Sedgwick), on behalf of Xerox Corporation, requests review of Administrative Law Judge (ALJ) Riechers' order that: (1) found that Sedgwick's failure to appear at the February 24, 2003 hearing constituted a waiver of appearance; (2) denied Sedgwick's motion for continuance and postponement and for exclusion of the exhibits; (3) set aside Sedgwick's denial of claimant's occupational disease claim for a right shoulder and forearm tendinitis and a partial rotator cuff tear; and (4) upheld the denials of Continental Casualty and RSKCo (RSKCo), on behalf of Xerox Corporation, of the same condition. Sedgwick also requests remand. On review, the issues are hearing procedure, remand, compensability and responsibility. We deny the motion for remand and affirm. FINDINGS OF FACT We adopt the ALJ's findings of fact. CONCLUSIONS OF LAW AND OPINION Hearing Procedure Sedgwick argues that the actions of the ALJ and the other parties in admitting exhibits and taking testimony before continuing the hearing violated the due process clause of the 14th Amendment of the US Constitution. Further, Sedgwick contends that the failure of the parties to provide Sedgwick with exhibits before the first hearing violated the "substantial justice" provision of ORS 656.283(7). We begin with the procedural background of this case. Claimant began working at Tektronix in 1977. The facility where she worked was taken over by Xerox in 2000. The occupational disease claim at issue pertains to claimant's work activities in October 2000 and thereafter. Continental Casualty (RSKCo) 55 Van Natta 4310 (2003)4311provided workers' compensation coverage from January 1, 1998 to January 1, 2001. Pacific Employers Insurance Company and Sedgwick Claims Management Services (Sedgwick) began providing coverage on January 1, 2001. (Exs. 83A, 100, 101, 104). In March 2001, claimant filed a claim with Xerox for her right neck, shoulder, forearm and wrist conditions. (Ex. 72). RSKCo denied compensability and later amended its denial to include responsibility. (Exs. 76, 81). Claimant requested a hearing on both denials. In September 2002, claimant's attorney wrote to Sedgwick and provided a notice of her claim. Claimant's attorney indicated that Xerox had referred the claim to Continental, but based on information he had just received from RSKCo's attorney and the Workers' Compensation Division, Sedgwick could be the responsible carrier. (Ex. 102A). On October 10, 2002, claimant's attorney wrote to Sedgwick regarding Sedgwick's position that claimant could...