71 Van Natta 1111 (2019)
In the Matter of the Compensation of MARCOS E. MIRALRIO-GUEVARA, Claimant
WCB No. 18-03148, 17-03820
Oregon Worker Compensation
October 2, 2019
The
Dalton Law Firm, Claimant Attorneys
Sather
Byerly & Hollo way, Defense Attorneys
Reviewing Panel: Members Woodford and Ousey.
ORDER ON REVIEW (REMANDING)
Claimant
requests review of Administrative Law Judge (ALJ) Wren's
order that upheld the self-insured employer's denial of
his injury claim for a left leg condition. Claimant also
submits "post-hearing" documents, which we
interpret as a motion for remand to the ALJ for further
development of the record. See ORS 656.295(5);
Judy A. Britton, 37 Van Natta 1262 (1985). On
review, the issues are remand and, potentially,
compensability. We vacate the ALJ's order and remand.
The
hearing was held and the record closed on February 7, 2019.
In upholding the employer's denial, the ALJ found the
opinions of Drs. Marines and Smark to be persuasive. They
opined that whatever injury occurred on October 2, 2016, when
claimant was hit by a cart at work, had resolved without
disability/need for treatment, and when he eventually sought
medical treatment in January 2017, he did not present with
findings of an acute left leg injury.
On
review, claimant submits additional evidence pertaining to
his claimed left leg condition. The proffered evidence
consists of a "post-hearing" April 22, 2019, chart
note from Dr. Ulmer, an orthopedist, a
"post-hearing" May 20, 2019, left knee CT scan
report, and a "post-hearing" May 23, 2019, chart
note from Dr. Ulmer regarding a review of the CT scan report.
(See Proposed Exs. 22, 23, 24). Based on the CT scan
report, which identified a meniscal tear, and Dr. Ulmer's
chart notes, which related that tear to the October 2016
injury, claimant contends that remand is warranted because
the proffered evidence concerns disability, was not
obtainable with due diligence before the hearing, and is
likely to affect the outcome of the case.
Our
review is limited to the record developed by the ALJ. We may
remand...
