Decision  Diana Stasinos v. Cherry, Webb & Touraine

Date:	05/19/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 024634-95
Location:	Boston
Referenced Sources:	Diana Stasinos v. Cherry, Webb & Touraine Rainey D. Slater v. G. Donaldson Construction Jane Jenney v. Waltham-Weston Hospital and Medical Center Mario Correia, Jr. v. UNICCO Service Co. Joseph E. Frey v. Mulligan, Inc. Warren E. Pittsley v. Kingston Propane, Inc. John Saccone v. Dept. of Public Health

• Employee: Diana Stasinos
• Employer: Cherry, Webb & Touraine
• Insurer: Fireman’s Fund Insurance Co.

COSTIGAN, J. The employee appeals from an administrative judge’s decision on recommittal which again denied her claim for G. L. c. 152, § 34A, permanent and total incapacity benefits.¹ She argues that the judge’s reliance on the expert medical evidence, particularly the deposition testimony of the § 11A impartial examiner, was improper, because he made subsidiary findings of fact which contradicted the impartial doctor’s assessment of the employee’s medical condition. We agree with the employee that this was error, but not, as she contends, error requiring reversal. Instead, we again recommit this case to the administrative judge.

¹ We refer to the judge’s first § 34A decision, filed on October 24, 2001, as "Dec. I" and the recommittal decision now on appeal, filed on May 31, 2002, as "Dec. II."