| Date: | 04/17/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 043462-98 |
| Location: | Boston |
- Employee: Charles Rancourt
- Employer: AC and S, Inc.
- Insurer: Reliance National Indemnity Co.
CARROLL, J. The insurer appeals the decision of an administrative judge in which the employee’s claim for an increase in benefits, from § 35 partial incapacity to § 34 total incapacity, and for payment of right shoulder surgery, was denied and dismissed after hearing on the merits. The insurer argues that the employee failed to perfect his appeal and that the claim should have been denied and dismissed without consideration of the merits by the judge. We agree and affirm the judge’s decision to the extent that the employee’s claim was denied and dismissed and we consider the decision on the merits a nullity.