We do not adopt the last sentence of the findings of fact. At hearing, the insurer amended its denial to include compensability of claimant's left shoulder impingement syndrome condition. The ALJ also denied claimant's attorney's request to reset the case or hold the record open to allow him to respond to the compensability issue. On review, claimant requests that we remand to the ALJ to allow him to present evidence regarding the compensability issue. We may remand to the ALJ for further evidence taking if we find that the record has been improperly, incompletely or otherwise insufficiently developed.
Remand is appropriate upon a showing of good cause or other compelling basis.
To merit remand for consideration of additional evidence it must be clearly shown that material evidence was not obtainable with due diligence at the time of hearing. Based on the following reasoning, we conclude that remand to the ALJ is appropriate in this case. We find that it did not. Specifically, this denial identifies the condition for which responsibility is being denied, states the factual and legal reasons for the denial, and advises claimant to file separate claims against other potentially responsible carriers in order to protect his rights to obtain benefits on the claim. Therefore, we conclude that this denial denies only responsibility and not compensability.