Date: | 03/07/2024 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board Nos.: 024465-18, 003861-15 |
Location: | Boston, MA |
- Employee: Carlos Fuentes
- Employer: Whole Food Market, Inc.
- Insurer: ACE American co/c Gallagher Bassett
LONG, J. The insurer appeals from the administrative judge’s decision awarding ongoing § 34, temporary total incapacity benefits, and §§ 13 and 30 medical benefits for treatment associated with the employee’s diagnosis of major depressive disorder. We reject the insurer’s arguments regarding res judicata and collateral estoppel; however, for
the reasons that follow, we vacate the decision and recommit to the judge for further findings of fact regarding the employee’s underlying orthopedic injury.