Kirk Plastering Co. v. Netherwood

I would remand this appeal to the commission for a determination whether Dr. Evan Leslie’s report of January 28, 1987, was timely filed and made a part of the record of this case and, if so, for reconsideration of the decision based upon the additional findings.

The deputy commissioner who conducted the evidentiary hearing in this case stated:

There was also evidence the claimant had seen another doctor, Dr. Evans. Dr. Evans’ reports, if any were not part of the record at the time of the hearing.3

*182It does not appear that the employer challenged the deputy commissioner’s finding in its appeal to…