Decision Catherine Doherty v. Shaw's Supermarkets

Date: 11/30/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 040125-02
Location: Boston
  • Employee: Catherine Doherty
  • Employer: Shaw's Supermarkets
  • Self Insurer: Shaw's Supermarkets

COSTIGAN, J. The employee appeals from a decision in which an administrative judge awarded her closed periods of §§ 34 and 35 incapacity benefits for an accepted industrial injury. The employee contends that the impartial physician, appointed by the department pursuant to § 11A to examine her, was biased against workers in general, and against her specifically. She also argues that the doctor refused to answer a hypothetical question posed to him at his deposition and, therefore, his opinions should have been excluded from evidence. For the reasons that follow, we affirm the decision.

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