Decision Edward Menard v. Allied Automotive Group

Date: 09/13/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 026685-99
Location: Boston
  • Employee: Edward Menard
  • Employer: Allied Automotive Group
  • Insurer: Reliance Insurance Co.

McCARTHY, J. The insurer appeals from an administrative judge's decision awarding § 34A permanent and total incapacity benefits. First, the insurer alleges that the judge improperly excluded probative videotape evidence of the employee, and that on recommittal, it should be allowed to show the videotape to the impartial physician. The insurer also contends that in finding that the employee was incapable of remunerative work, the judge erred by referencing a criminal conviction for driving under the influence of alcohol, and that the judge made several other errors in evidentiary rulings. For the reasons that follow, we recommit the case for further findings.

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