Decision Bardhyl Larti v. Kennedy Die Castings, Inc.

Date: 06/28/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 051781-01
Location: Boston
  • Employee: Bardhyl Larti
  • Employer: Kennedy Die Castings, Inc.
  • Insurer: Liberty Mutual Insurance Company

COSTIGAN, J. The insurer appeals from an administrative judge's decision awarding the employee ongoing weekly § 34 benefits. Because we agree that the judge failed to make findings which reflect he considered all the evidence, made an important finding with no basis in the evidence, and failed to make necessary credibility findings, we are unable "to determine with reasonable certainty whether correct rules of law have been applied to facts that could be properly found." Praetz v. Factory Mut. Eng'g & Research, 7 Mass. Workers' Cop. Rep. 45, 47 (1993). Accordingly, we recommit the case for further subsisidary findings of fact.

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