| Date: | 06/14/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 004465-81 |
| Location: | Boston |
- Employee: Edmund Joseph
- Employer: City of Fall River
- Self Insurer: City of Fall River
MCCARTHY, J. This case is now before the reviewing board for the second time. In an earlier decision found at 15 Mass. Workers' Comp. Rep. 31 (2000), we reversed and recommitted the case because of the improper allowance of additional medical evidence notwithstanding an express finding by the judge that the § 11A report was adequate. Although neither party moved to open the medical record based on the inadequacy of the § 11A report or the complexity of the medical picture, the judge directed the parties to submit additional medical evidence. As authority for his order, the judge pointed to § 11 which provides in part that, "At the hearing the member shall make such inquiries and investigations as he deems necessary, and may require and receive any documentation or oral matter not previously obtained as shall enable him to issue a decision with respect to the issues before him. . . ."