Date: | 11/26/2018 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 035801-14 |
Location: | Boston |
- Employee: Donald Denham
- Employer: Kiewit Corporation , Sullivan and McLaughlin Companies
- Self Insurer: Kiewit Corporation
- Insurer: AIM Mutual Insurance Company
LONG, J. The subsequent insurer in this successive insurer claim, AIM Mutual Insurance Company, (hereinafter “AIM”), appeals from a decision ordering it to pay the employee ongoing § 34 temporary total incapacity and §§ 13 and 30 medical benefits. The insurer presents four objections to the hearing decision. Finding merit in its arguments that the administrative judge erred when he adopted inconsistent and conflicting medical opinions, and that he further erred when he failed to address its defenses of proper notice, proper claim and the employee’s violation of § 27A,1 we vacate the decision and recommit to the administrative judge to make additional findings, and to resolve the internally inconsistent medical opinions relied upon in the decision.