Decision

Decision  Edward Sanchez v. Industrial Polymers and Chemicals, Inc.

Date: 04/08/2011
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 019435-08
Location: Boston
  • Employee: Edward Sanchez
  • Employer: Industrial Polymers and Chemicals, Inc.
  • Insurer: Massachusetts Manufacturing SIG

COSTIGAN, J. Both parties appeal from the administrative judge's award of a closed period of § 34 total incapacity benefits. The employee argues that, 1) the medical evidence on which the judge relied to terminate weekly benefits was insufficient to overcome the prima facie opinion of the § 11A examiner; 2) the judge erred in excluding a medical report he deemed fell outside the periods for which he had allowed additional medical evidence; and 3) the judge's handling of the evidence and certain comments in his decision reflect bias, or the appearance of bias. The insurer contends the judge misconstrued the impartial opinion on causation and therefore erred in finding the employee met his burden of proving his work injury was "a major" cause of his disability pursuant to G. L. 152, § 1(7A). we see no merit in any of these argument, and affirm the decision.

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