Decision

Decision  Berkys Padilla v. Mellon Bank Corp.

Date: 01/26/1999
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 035366-95
Location: Boston
  • Employee: Berkys Padilla
  • Employer: Mellon Bank Corp.
  • Insurer: Aetna Casualty & Surety

CARROLL, J. The employee appeals a decision awarding her a closed period of weekly benefits for a work related injury to her back, neck and head, but denying her claim for an emotional injury arising out of that accident. The employee argues that the administrative judge erred by rejecting, for reasons not based in the evidence, the uncontroverted medical opinions of two expert psychiatrists causally connecting the employee’s emotional impairment with the industrial injury. The employee’s argument has merit and we therefore recommit the case for further proceedings.

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