Decision  Edmond Joseph v. City of Fall River

Date:	02/07/2001
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 004465-81
Location:	Boston

• Employee: Edmond Joseph
• Employer: City of Fall River
• Self Insurer: City of Fall River

MAZE-ROTHSTEIN, J. The employee appeals from a decision that authorized the self-insurer’s discontinuance of G.L. c. 152, §34A permanent and total incapacity benefit payments and ordered ongoing weekly §35 partial incapacity benefits. Because the judge improperly allowed the submission of medical evidence outside of the means prescribed by §11A,¹ we reverse the decision and recommit for further findings.

¹ General Laws c. 152, §11A, gives an impartial medical examiner's report the effect of "prima facie evidence [with regard to the medical issues] contained therein," and expressly prohibits the introduction of other medical testimony to meet it unless the judge finds that additional medical testimony is required due to the complexity of the medical issues involved or the inadequacy of the report. See O'Brien's Case, 424 Mass. 16, (1996).