| Date: | 02/28/2013 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 023865-08 |
| Location: | Boston |
- Employee: Aida Rivera
- Employer: George Weston Bakeries, Inc.
- Insurer: ACE American Insurance Company
LEVINE, J. The insurer appeals from a decision ordering it to pay the employee permanent and total incapacity benefits pursuant to § 34A. We affirm the decision, but address one of the insurer’s arguments -- that the judge erred by refusing to exclude from evidence the opinion of the employee’s treating physician on the ground that his deposition fee rendered him “unavailable,” thereby violating the insurer’s due process right to cross-examine him