| Date: | 12/21/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 30761-92 |
| Location: | Boston |
- Employee: Edgardo Hernandez
- Employer: Crest Foam Co., Inc.
- Insurer: CNA Insurance Co.
SMITH, J. The employee appeals from a decision that awarded only one week of incapacity benefits and a reduced legal fee. The employee contends that the judge erred by failing to allow him to introduce additional medical evidence for a disputed period of incapacity prior to the date of the impartial medical examination, and by reducing his §13A(5) attorney’s fee for lack of effort. Because the impartial medical report was not facially inadequate, we conclude that the ruling to deny the motion for additional medical evidence was within the scope of the judge's authority, and was not arbitrary or capricious, or contrary to law. We affirm the decision.