| Date: | 07/31/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 007598-03 |
| Location: | Boston |
| Referenced Sources: | Angel L. Ventura V. Westerman Store Equipment, Inc. |
- Employee: Angel L. Ventura
- Employer: Westerman Store Equipment, Inc.
- Insurer: Travelers Indemnity Ins. Co. of Connecticut
COSTIGAN, J. The employee appeals from an administrative judge’s decision adopting the expert opinion of the § 11A impartial medical examiner that the employee was not disabled after September 1, 2003, and awarding him closed periods of total and partial incapacity benefits. The sole argument advanced by the employee on appeal is that the judge erred in denying his motion for additional medical evidence based on the alleged bias of the § 11A impartial physician against both the employee’s attorney and his medical expert. The administrative judge concluded:
I do not find that the impartial medical examiner displayed a bias in his deposition testimony. The fact that he disagreed with the employee’s examining physician and recognized the fact that the doctor was the employee’s expert did not indicate bias.
(Dec. 3.) We agree, and affirm the judge’s decision.