Decision  Alice Delannoy v. Lighthouse School, Inc.

Date:	08/23/2023
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos: 020396-19, 038451-19
Location:	Boston, MA

• Employee: Alice Delannoy
• Employer: Lighthouse School, Inc.
• Insurer: New York Marine and General Insurance

FABISZEWSKI, J.   The insurer appeals from the administrative judge’s decision awarding the employee § 34 temporary total incapacity benefits followed by a period of § 35 temporary partial incapacity benefits and § 30 medical benefits.¹  On appeal, the insurer raises two issues: 1) whether the administrative judge’s ruling allowing the employee’s oral amendment to her claim after the conference was arbitrary and capricious; and 2) whether the administrative judge’s denial of the insurer’s request to depose the § 11A physician was arbitrary, capricious and violative of the insurer’s due process rights.  Because we find merit in both of the insurer’s arguments, we vacate the administrative judge’s decision and recommit the case for a hearing de novo.

 

The administrative judge ordered the insurer to pay § 34 temporary total incapacity benefits in the amount of $589.90 per week from May 4, 2021, to the date seven days after the completion of a work conditioning program, or 90 days from the beginning of a work conditioning program, or 120 after the issuance of his decision, whichever date comes first, followed by § 35 temporary partial incapacity benefits in the amount of $418.80 based on an earning capacity of $285.00 per week.