| Date: | 10/16/2003 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 038560-00, 012066-01 |
| Location: | Boston |
- Employee: Andrew Leppo
- Employer: Rusco Steel Co./Regis Steel Corp.
- Insurer: National Union Fire Insurance Company and Liberty Mutual Insurance Company
LEVINE, J. The employee appeals an administrative judge’s decision denying his claim for ongoing G. L. c. 152, § 35, partial incapacity benefits for a work-related back injury. The employee contends that the judge erred by failing to consider the deposition testimony of the impartial physician. See G. L. c. 152, § 11A. We recommit the case for the judge to consider that deposition testimony and to make further findings on the extent of the employee's incapacity.