57 Van Natta 1049 (2005). KATHLEEN M. DEPPING, Claimant.

Case DateApril 22, 2005
CourtOregon
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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT