| Date: | 02/08/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 028432-99 |
| Location: | Boston |
- Employee: Dale D. Crandell, Jr.
- Employer: ELAD General Contractors
- Insurer: Ace Property & Casualty Ins.
CARROLL, J. The insurer appeals an administrative judge’s award of a closed period of § 34 temporary total incapacity benefits and ongoing § 35 partial incapacity benefits, alleging that the judge made several errors. We recommit the judge’s decision based on three issues raised by the insurer. The insurer argues that the judge erred by finding the employee totally incapacitated during a period when there was no medical evidence supporting such a finding, and by failing to perform an adequate analysis under G. L. c. 152, § 35D. We agree with the insurer on both points. The insurer also contends that the judge erred by not allowing the insurer to show the § 11A doctor surveillance videotape that had been admitted as evidence. Though we do not agree that due process always requires the judge to allow an insurer to show videotapes to the § 11A doctor, we do agree that the judge did not adequately explain why she did not allow the impartial physician to view them. Without a sufficient explanation we cannot perform our appellate function. We therefore recommit the case for the admission of additional medical evidence, for further analysis under § 35D, and for further explanation as to her ruling denying the insurer the opportunity to cross-examine a witness with the actual admitted exhibit. We summarily affirm the decision as to all other issues raised by the insurer.