| Date: | 03/23/2009 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 019520-02 |
| Location: | Boston |
- Employee: Craig Anderson
- Employer: D & D Electrical Contractors
- Insurer: Transportation Insurance Co.
COSTIGAN, J. Both parties appeal from the decision of the administrative judge wherein he: 1) denied the employee's claim for §§ 13 and 30 medical benefits for treatment of his cervical condition; 2) terminated the employee's § 34 total incapacity benefits; and 3) denied the insurer recoupment of payments it had made voluntarily, which were retroactively terminated by the decision. The employee argues that the judge erred in applying § 1(7A)'s "a major cause" standard to his cervical condition, and in failing to consider his right shoulder injury, for which the insurer had accepted liability, in determining his incapacity. The insurer maintains the judge erred by failing to make subsidiary findings in support of his denial of recoupment. We agree on all counts, and reverse the decision in its entirety. Because the administrative judge no longer serves on the industrial accident board, we recommit the case for a hearing de novo.