Date: | 03/11/2002 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 030768-96 |
Location: | Boston |
- Employee: Edward Goodsell
- Employer: Nashoba Printers, Inc.
- Insurer: Eastern Casualty Insurance Company
MAZE-ROTHSTEIN, J. The insurer appeals a decision that awarded the employee G. L. c. 152, § 34, temporary total weekly incapacity benefits; payment of § 30 medical expenses; attorney’s fees, costs; and § 50 interest. The insurer makes three arguments on appeal. First, it contends that the administrative judge exceeded his authority by ruling on issues not in dispute. That error was exacerbated, it argues, when he causally related four diagnoses without the support of any expert medical evidence. Finally, the insurer makes a weight of the evidence argument as to the liability findings. The latter argument has not been in our purview since before the 1991 amendment to the Act. Compare G. L. c. 152, § 11C, amended by St. 1991, c. 398, § 31, and G. L. c. 152, § 11C, as amended by St. 1987, c. 691, § 7. We agree with the first two contentions and reverse in part and recommit the case for further findings. We summarily affirm the findings on liability.