| Date: | 08/25/2011 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 033305-91, 035651-98, 001816-04 |
| Location: | Boston |
- Employee: Cynthia Bell
- Employer: MBTA
- Self Insurer: MBTA
KOZIOL, J. The self-insurer appeals from a decision awarding the employee § 34A permanent and total incapacity benefits as a result of her disability stemming from bilateral knee injuries, a right shoulder injury, and right carpal tunnel syndrome, and §§ 13 and 30 benefits for a right total knee replacement. The self-insurer raises one issue on appeal, arguing the judge erred in denying its request to take the deposition of the employee’s former treating physician, Dr. Jeffrey L. Zilberfarb. We agree that recommittal is required to allow the judge to exercise his discretion under 452 Code Mass. Regs. § 1.12(5)(a).