Decision  Darlene Raymann v. Massachusetts Turnpike Authority

Date:	12/06/2007
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 031575-96
Location:	Boston

• Employee: Darlene Raymann
• Employer: Massachusetts Turnpike Authority
• Self Insurer: Massachusetts Turnpike Authority

COSTIGAN, J. The self-insurer appeals from an administrative judge’s decision denying its complaint for modification or discontinuance of § 34A permanent and total incapacity benefits. The self-insurer mounts four arguments against the decision. First, it contends the judge erred in requiring the self-insurer to show the employee its investigative evidence -- a surveillance video and several reports -- prior to the start of the hearing and prior to the employee’s testimony. Second, the self-insurer argues the judge erred in ruling that the evidence at hearing would be limited to the period following his prior decision, of which he took judicial notice. (Dec. 2.)¹ We summarily affirm the judge’s decision as to these two challenges.

¹  By decision filed on January 23, 2001, the administrative judge found the employee permanently and totally incapacitated, and awarded § 34A benefits. (Dec. 2; Self-ins. br. 1-2.)