Decision  Douglas Evans v. Geneva Construction Co.

Date:	11/03/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 039304-00
Location:	Boston

• Employee: Douglas Evans
• Employer: Geneva Construction Co.
• Insurer: Valley Forge Insurance Company

COSTIGAN, J. The insurer appeals from a decision awarding the employee specific compensation for disfigurement to his abdomen, pursuant to G. L. c. 152, § 36(1)(k).³ We reverse the decision, vacate the award and recommit the case to the administrative judge for the admission and consideration of medical evidence, and for further findings.

¹  Judge Levine recused himself and did not participate in panel deliberations.

²  The judge noted there was “an all Sullivan cast” at the hearing, (Tr. 2), but he is not related to either attorney, nor are they related to each other.

³ General Laws c. 152, § 36(1), provides, in pertinent part:

In addition to all other compensation to the employee shall be paid the sums hereafter designated for the following specific injuries; . . .

K. For bodily disfigurement, an amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed fifteen thousand dollars; which sum shall be payable in addition to all other sums due under this section. No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck or hands.

(Emphasis added.)