Decision  Dale Milton v. GT Advanced Technologies, Inc. and Allergan, Inc.

Date:	10/16/2018
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 037512-14, 001604-16
Location:	Boston

• Employee: Dale Milton
• Employer: GT Advanced Technologies, Inc., Allergan, Inc.
• Insurer: Travelers Casualty & Surety Co. of America, Travelers Indemnity Company

CALLIOTTE, J.  The employee in this successive insurer case appeals from a decision denying and dismissing his claims against both insurers. ¹  We agree with the employee that the judge erred by expanding the parameters of the dispute before him, making arbitrary and capricious credibility findings, and failing to make sufficient findings for us to conduct an effective appellate review.  We therefore vacate the decision and recommit the case for further findings.

¹  The claim against Travelers Casualty & Surety Co. of America, (board number 037512-14), which insured GT Advanced Technologies, Inc., will be referred to as “Travelers/GT.” The claim against Travelers Indemnity Company, (board number 001604-16), which insured Allergan, will be referred to as “Travelers/Allergan.”