| Date: | 05/19/2008 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 026209-03 |
| Location: | Boston |
- Employee: Arthur LaFleur
- Employer: H.P. Hood, Inc.
- Insurer: Sentry Insurance Co.
COSTIGAN, J. The insurer appeals from a decision in which the administrative judge awarded the employee § 34 total incapacity benefits for an accepted work-related back injury. The insurer contends the impartial medical evidence strayed outside of the parameters of the medical dispute, as defined by the parties' medical records submitted at the time of the § 10A conference. Citing this board's decision in Ruiz v. Unique Applications, 11 Mass. Workers' Comp. Rep. 399 (1997), the insurer argues that allowance of additional medical evidence was mandated as a matter of law. For the reasons that follow, we disagree and affirm the decision.