three mobile segments of plaintiff's spine and relieve pain. He states that the previous surgery was performed on the first mobile segment and the MRI showed degenerative discs at the last three segments. Surgery was scheduled for mid-November, 1993. (emphasis added).
The effect of using Dr. Whitecloud's report for more than the limited offering was to deny the defendant an opportunity to prepare an adequate defense as required by Louisiana Revised Statutes 23:1122. The defendant was unaware the report would be considered so extensively by the hearing officer until after the decision was rendered. As such, we find the hearing officer erred in this regard, and will consider Dr. Whitecloud's report in this review only as evidence that surgery was scheduled.
Although the defendant did not attempt to supplement therecord, the plaintiff did. By letter dated February 28, 1994, the plaintiff offered the medical records of Tulane University Medical Center and Dr. Whitecloud concerning the actual surgery. The defendant objected to the introduction of those records and that objection was sustained in the reasons of the hearing officer with the following comment:
On March 2, 1994, the Agency received medical reports of Tulane University Medical Center and Dr. Thomas S. Whitecloud, III relative to plaintiff's back surgery of November 18, 1992. Defendant objected to the introduction into evidence of these records. It is the finding of the Office of Workers' Compensation that the record was not held open for the purpose of allowing plaintiff to offer additional evidence, but only to allow defendant the opportunity to respond to