| Date: | 03/23/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 014627-87 |
| Location: | Boston |
- Employee: Andrew Gerakaris
- Employer: Administrative Office of the Trial Court
- Self Insurer: Commonwealth of Massachusetts
CARROLL, J. The self-insurer appeals from a decision awarding permanent and total incapacity benefits to the employee for an accepted 1987 work injury. The self-insurer argues that the administrative judge erred by denying its request to place into evidence testimony of two witnesses regarding their observations of the employee from 1992 to 1999. As the claim for § 34A benefits did not commence until 2003, we see no abuse of discretion. The self-insurer also argues that the judge mischaracterized the impartial physician's opinion with respect to the causal connection between the employee's hearing loss and the 1987 work injury. We agree, and recommit the case as a result.