Date: | 02/16/2005 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 049571-01 |
Location: | Boston |
- Employee: Debra Reinke
- Employer: City of Holyoke School Department
- Insurer: City of Holyoke
COSTIGAN, J. The self-insurer appeals from an administrative judge's decision ordering it to reimburse the employee the expense1 of a "Nautilus Sleep Systems" mattress prescribed by her doctor following surgery for a work-related low back injury. The self-insurer advances three arguments on appeal. First, it argues that the employee purchased the mattress without notice to it, thereby depriving the self-insurer of its right to utilization review under 452 Code Mass. Regs. § 6.00 et. seq.2 As that issue was not raised before the administrative judge, we deem it waived.3 Wynn & Wynn, P.C. v. Massachusetts Comm'n Against Discrimination, 431 Mass. 655 (2000).