Appeals (To Workers' Compensation Court): New Evidence

Erickson v. Champion International [07/26/95] 1995 MTWCC 58 Where claimant was informed he had the right to an attorney below, and was in fact in contact with counsel prior to his Department of Labor hearing, his pro se status before the DOL is not alone sufficient reason to allow introduction of additional medical evidence, even if such evidence is material to his case. Where claimant offers no good reason for his failure to present the evidence before the department other than his pro se status, the Court’s allowance of new evidence on appeal would permit every party to proceed pro se before the Department, then to hire counsel and secure a new hearing on appeal.