| Date: | 10/28/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 054424-93 |
| Location: | Boston |
- Employee: Adrian White, Jr.
- Employer: Town of Lanesboro
- Insurer: Mass. Interlocal Insurance Association
SMITH, J. The insurer appeals from an administrative judge’s decision awarding the employee § 34A permanent and total incapacity benefits. The insurer contends that the administrative judge mischaracterized the medical testimony of the impartial physician on critical medical issues in dispute; failed to properly address and apply the correct legal standard under § 1(7A); and impermissibly shifted the employee’s burden of proof to the insurer on the issue of the employee’s work capacity. We agree. Because the decision is arbitrary and capricious and contrary to law, we reverse it. G.L. c. 152, § 11C.