| Date: | 09/11/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 032357-03 |
| Location: | Boston |
- Employee: Denise Morrissey
- Employer: Benchmark Assisted Living
- Insurer: Transportation Insurance Co.
CARROLL, J. The insurer appeals from the decision of an administrative judge denying and dismissing its request to modify or discontinue the employee’s § 34 weekly incapacity benefits. The insurer argues that the case should be recommitted to the judge to consider the deposition testimony of Dr. Hewson. The judge stated in his decision that no deposition had been taken. Both parties agree it was taken, and that the transcript was received by them within the time frame set by the judge. Therefore, we recommit the case to the judge to determine whether the deposition was filed with the Department of Industrial Accidents (DIA) within the deadline set. If it was, the judge must consider it. If it was never filed, or if it was filed late, the judge, in the exercise of his discretion, must decide whether the deposition should be entered into evidence.