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Decision

Decision  Anthony M. Iannacone, Jr. v. New England Lead Burning Co., Inc.

Date: 05/24/2021
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 010997-18
Location: Boston, MA
  • Employee: Anthony M. Iannone, Jr.
  • Employer: New England Lead Burning Co., Inc.
  • Insurer: Zurich American Ins.

CALLIOTTE, J. The employee appeals from a decision ordering the insurer to pay him a closed period of Section 34 benefits for a back injury, as well as §§ 13 and 30 benefits for treatment for his back for the same closed period. The employee argues that the judge erred in admitting a surveillance video at hearing, while failing to show it at the hearing itself, and by allowing the impartial examiner to view the video at deposition. In addition, the employee maintains the judge erred by finding the employee’s closed head injury, post-concussive syndrome, cervical strain, lumbar strain and left leg pain were resolved by the first video surveillance date. For the following reasons, we affirm the decision.

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