57 Van Natta 1049 (2005). KATHLEEN M. DEPPING, Claimant.
Case Date | April 22, 2005 |
Court | Oregon |
Oregon Workers Compensation
2005.
57 Van Natta 1049 (2005).
KATHLEEN M. DEPPING, Claimant
1049In the Matter of the Compensation of KATHLEEN
M. DEPPING, ClaimantWCB Case No. 03-07529ORDER ON REVIEWUnrepresented Claimant Bruce A Bornholdt, SAIF
Legal, Defense AttorneysReviewing Panel: Members Kasubhai and Lowell.Claimant, pro se,1 requests review of
Administrative Law Judge (ALJ) Crummé's order that upheld the SAIF
Corporation's denial of claimant's occupational disease claim for a mental
disorder. Claimant has submitted documents on review that were not presented or
admitted at the hearing. We treat this submission as a motion for remand to the
ALJ for the taking of additional evidence. Judy A. Britton, 37
Van Natta 1262 (1985). On review, the issues are remand and compensability.
We deny the motion to remand and adopt and affirm
the ALJ's order with the following supplementation. On review, claimant has submitted two draft resignation letters dated
June 8, 2003 which she did not give to her employer,
a dismissal letter from claimant's employer dated January 16, 2004, a medical
report from Ms. Johnson, claimant's mental health therapist, dated December 13,
2004, and a medical report from Dr. Stelson, claimant's attending physician,
dated December 17, 2004. We treat her submissions as a motion for remand to the
ALJ for the taking of additional evidence. See ORS 656.295(5);
Judy A. Britton, 37 Van Natta at 1262. Our review is limited to the record developed by the ALJ. We may remand
to the ALJ if we find that the case has been "improperly, incompletely or
otherwise insufficiently developed[.]" ORS 656.295(5). There must be a
compelling reason for remand to the ALJ for the taking of additional evidence.
SAIF v. Avery, 167 Or 1 Because
claimant is not represented, she may wish to consult the Workers' Compensation
Ombudsman, whose job it is to assist injured workers
in such matters. She may contact the Workers' Compensation Ombudsman, free of charge, at 1-800-927-1271, or write to:
WORKERS' COMPENSATION OMBUDSMAN DEPT OF CONSUMER and BUSINESS SERVICES PO BOX
14480 SALEM, OR 97309-0405 57 Van Natta 1049 (2005)1050 App 327, 333 (2000). A compelling reason exists when the
new evidence (1) concerns disability, (2) was not obtainable at the time of the
hearing, and (3) is reasonably likely to affect the outcome of the case.
Id.; Compton...
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