Decision  Carlos Araujo v. United Walls Systems, LLC

Date:	11/25/2014
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 036858-10
Location:	Boston

• Employee: Carlos Araujo
• Employer: United Walls Systems, LLC
• Insurer: AIM Mutual Insurance Company

HORAN, J. The employee appeals from a decision awarding him a closed period of § 35 benefits,¹ arguing the judge erred by relying, in part, on video evidence² of the employee’s activities to conclude he was no longer disabled, and therefore no longer entitled to partial incapacity benefits. We agree, and reverse the decision insofar as it terminates the employee’s § 35 benefits as of December 10, 2012.

¹ The insurer was also ordered to pay medical benefits, interest, and an enhanced attorney’s fee. (Dec. 8.)

² The videotape evidence consisted of two digital video discs (DVDs), along with their accompanying investigator’s reports. (Dec. 3; Exs. 8-11.) The judge noted he reviewed this evidence, but specifically relied upon video of the employee’s activities as depicted on December 10, 2012, to terminate the employee’s entitlement to § 35 benefits as of that date. (Dec. 6-7.)