Decision  Douglas Cook v. Starbucks

Date:	03/20/2014
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 016880-09
Location:	Boston

• Employee: Douglas Cook
• Employer: Starbucks
• Insurer: Zurich American Insurance Company

FABRICANT, J. The employee appeals from an administrative judge’s decision terminating § 34 total incapacity benefits, and awarding continuing § 35 partial incapacity benefits. The employee argues that the judge erred by denying his motion for the admission of additional medical records pursuant to G. L. c. 152, § 11A (2).¹ We find no error, and affirm the judge’s decision.

¹ General Laws c. 152, § 11A(2), provides, in relevant part:

[N]o additional medical reports or depositions of any physicians shall be allowed by right to an party; provided, however, that the administrative judge may, on his own initiative or upon a motion by a party, authorize the submission of additional medical testimony when such judge finds that said testimony is required due to the complexity of the medical issues involved or the inadequacy of the report submitted by the impartial medical examiner.