Decision  Andrew Leppo v. Rusco Steel Co./Regis Steel Corp.

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.

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