Decision

Decision  Douglas Bell v. Electronic Data Systems

Date: 09/23/2019
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 035340-08
Location: Boston
  • Employee: Douglas Bell
  • Employer: Electronic Data Systems
  • Insurer: Ace Property and Casualty Insurance Company

LONG, J. The insurer appeals from a decision ordering it to pay § 34A permanent and total incapacity benefits and reasonable and necessary medical expenses including but not limited to reimbursement and continued prescriptions for Topamax and ibuprofen. (Dec. 10.) The insurer claims the administrative judge failed to perform the analysis required under M.G.L. c. 152, § 1(7A), and that her subsidiary findings mischaracterized evidence relative to the employee’s obesity. The insurer also alleges the administrative judge’s reliance upon the impartial examiner’s opinion was reversible error. Although the insurer’s mischaracterization argument has technical merit, the insurer failed to fulfill its obligation to produce an appropriate offer of proof to satisfy its burden of production pursuant to § 1(7A). Therefore, any error resulting from the mischaracterization is rendered harmless. Finding no merit in the insurer’s argument that the judge’s reliance upon the impartial examiner’s opinion was reversible error, we affirm the decision.

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