71 Van Natta 1250 (2019)
In the Matter of the Compensation of THOMAS L. PARKER, Claimant
WCB No. 18-02114
Oregon Worker Compensation
October 31, 2019
Unrepresented Claimant.
SAIF
Legal Salem, Defense Attorneys.
Reviewing Panel: Members Woodford and Lanning.
ORDER ON REVIEW
Claimant,
pro se, 1 requests review of Administrative Law
Judge (ALJ) McWilliams's order that upheld the SAIF
Corporation's denial of claimant's new/omitted
medical condition claim for an L4-5 disc protrusion. With his
appellant's brief, claimant has submitted documents that
were not presented/ admitted at the hearing. Because our
review is limited to evidence admitted at the hearing, we
treat this submission as a motion for remand to the ALJ.
See ORS 656.295(5); Judy A. Britton, 37 Van
Natta . On review, the issues are remand and compensability.
We
adopt and affirm the ALJ's order with the following
supplementation.
We may
remand to the ALJ if we find that a 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.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 v. Weyerhaeuser Co., 301 Or
641, 646 (1986).
Here,
claimant submits documents (which are dated before and after
the July 24, 2018, hearing), as well as certain documents
that were already included in the record submitted to the
ALJ. There is no indication why the additional documents were
not obtainable at the time of the hearing. Moreover, while
[71 Van Natta 1251] the documents include further statements
from Dr. Lin concerning his medical opinion, those further
statements do not change or contradict the portions of his
medical opinion that have already been admitted to the
record. Consequently, claimant's additional documentation
is unlikely to change the outcome of this dispute...
