| Date: | 05/25/2011 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 008094-06 |
| Location: | Boston |
- Attorney for Self Insurer: Cheryl Brouder
- Employer: Whittier Rehabilitation Hospital
- Insurer: Wausau Underwriters
FABRICANT, J. The insurer appeals from a decision awarding the employee permanent and total incapacity benefits pursuant to G. L. c. 152, § 34A. The insurer argues that it was error for the judge to refusing to allow it to show the employee a surveillance videotape, or admit the videotape for impeachment purposes. In addition, the insurer argues that it was error for the judge to refuse to admit the videotape and accompanying surveillance reports as a business record. Finally, the insurer contends the medical evidence does not support a finding of permanent and total incapacity. We affirm the decision and address the insurer's argument regarding the exclusion of the surveillance videotape and the accompanying surveillance reports.