| Date: | 02/16/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 010722-00 |
| Location: | Boston |
| Referenced Sources: | Anthony Battaglia v. Analog Devices |
- Employee: Anthony Battaglia
- Employer: Analog Devices, Inc.
- Insurer: Sentry Insurance Company
COSTIGAN, J. The insurer appeals from an administrative judge's decision on recommittal from the reviewing board. Our prior decision, Battaglia v. Analog Devices, 17 Mass. Workers' Comp. Rep. 462 (2003), ordered the administrative judge to correct various mistakes in his original liability decision, chief among which was his sua sponte award of unclaimed permanent and total incapacity benefits under § 34A. "The judge's action resulted in a violation of the insurer's due process rights. [Citation omitted.] The insurer had absolutely no opportunity to defend and present evidence pertinent to this 'claim.' As a result, we reverse the order of § 34A benefits." Id. at 463.