Fister v. South Hills Health Care

Claimant seeks review of an order on remand of the Workers’ Compensation Board, contending that the Board erred in refusing to consider her testimony at the hearing because that evidence had not been submitted to the Department of Consumer and Business Services (DCBS) in its proceeding on reconsideration. ORS 656.283(7). We conclude that, because no objection to the evidence was raised by employer before the hearing record closed, the evidence was properly considered by the administrative law judge (ALJ) and should have been considered by the Board. Accordingly, we reverse the Board and…