| Date: | 08/07/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 040538-99 |
| Location: | Boston |
- Employee: Edward J. Winarski, Jr.
- Employer: Crane & Company, Inc.
- Insurer: Liberty Mutual Insurance Co.
COSTIGAN, J. The employee appeals from an administrative judge’s decision denying his claim for § 34 total incapacity benefits, and awarding continuing § 35 partial incapacity benefits for an accepted industrial injury of October 11, 1999. The employee argues that the judge erred in denying his motion for additional medical evidence for an alleged "gap" period prior to his most recent § 11A impartial medical examination. The employee also argues the judge misconstrued the expert medical opinion he adopted to find little change in his physical condition since a 2002 decision adjudicated him only partially incapacitated. Lastly, he contends that notwithstanding the testimony of two vocational experts, the judge failed to undertake the requisite analysis of his vocational factors, and to make subsidiary findings in that regard. We disagree on all counts, and affirm the decision.