Decision  Augustin Miranda v. Chadwick's of Boston Ltd.

Date: 12/31/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 025276-00, 042178-00
Location: Boston
  • Employee: Augustin Miranda
  • Employer: Chadwick's of Boston, Ltd.
  • Insurer: Liberty Mutual Insurance Company

MAZE-ROTHSTEIN, J. Liberty Mutual Insurance Company (Liberty) appeals from an administrative judge’s decision ordering that it pay reasonable and necessary medical expenses, including recommended shoulder surgery, as well as an unspecified period of § 34 weekly incapacity benefits following the surgery. It argues that the administrative judge erred by denying its motion to join a concurrent employer and then by not finding that employer liable for the employee’s incapacity. The insurer contends that neither the judge’s subsidiary findings nor the impartial physician’s prima facie opinion supports the judge’s assessment of liability against it. We disagree and affirm the judge’s decision for the following reasons.

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