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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.

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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.)