71 Van Natta 1239 (2019)
In the Matter of the Compensation of DANIELLE N. BERG, Claimant
WCB No. 18-02775
Oregon Worker Compensation
October 29, 2019
Adams
Hill & Hess, Claimant Attorneys
Law
Offices Of Kathryn R Morton, Defense Attorneys
Reviewing Panel: Members Woodford and Lanning.
ORDER
ON REVIEW
The
insurer requests review of that portion of Administrative Law
Judge (ALJ) Wren's order that set aside its denial of a
new/omitted medical condition claim for a chronic regional
pain syndrome (CRPS) condition. Claimant cross-requests
review of those portions of the ALJ's order that: (1)
excluded two concurrence reports submitted by claimant; and
(2) awarded an $8, 000 attorney fee. On review, the issues
are evidence, compensability, and attorney fees. We affirm in
part and modify in part.
FINDINGS
OF FACT
We
adopt the ALJ's “Findings of Fact.”
CONCLUSIONS
OF LAW AND OPINION
Evidence
Claimant
contends that the ALJ's evidentiary ruling to exclude
proposed Exhibits 80 and 81 (September 2018 concurrence
reports authored by Drs. Hinz and Nelson) was an abuse of
discretion. We disagree with claimant's contention.
An ALJ
may conduct a hearing in any manner that will achieve
substantial justice, and has broad discretion regarding the
admissibility of evidence. ORS 656.283(6); Brown v.
SAIF, 51 Or.App. 389, 394 (1981). We review an ALJ's
evidentiary ruling for abuse of discretion. SAIF v.
Kurcin, 334 Or 399, 406 (2002). If the record is held
open for a limited purpose, it is within the ALJ's
discretion to exclude evidence that does not comport with
that purpose. Debra A. Meyer, [64 Van Natta 2243],
2044 (2012); Clifford L. Conradi, [46 Van Natta
854], 857 (1994). However, it is an abuse of discretion to
exclude evidence that falls within the scope of the express
purpose for which the record is held open. Jamie M.
Holly, [63 Van Natta 1670], 1672 (2011).
[71 Van
Natta 1240] Here, the hearing had been scheduled for August
30, 2018. During an August 14, 2018, conference call with the
ALJ, the parties agreed to submit the matter on the
documentary record. On August 15, 2018, the ALJ authored a
confirming letter stating that claimant anticipated offering
“an additional...