| Date: | 11/01/2019 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 037772-05 |
| Location: | Boston |
| Referenced Sources: | Emmanuel Tsitsilianos v. Worcester Housing Authority |
- Employee: Emmanuel Tsitsilianos
- Employer: Worcester Housing Authority
- Insurer: Massachusetts NAHRO SIG
LONG, J. The employee’s appeal from a decision denying his claim for § 34 temporary total and § 34A permanent and total incapacity benefits alleges, "[t]he administrative judge erred as a matter of law in denying the employee’s motion to strike the 11A report of Michael Kahn, M.D." (Employee br. 2.) Finding merit in the employee’s argument that the impartial physician’s opinion was tainted due to the doctor’s possible review of non-medical material, we strike the § 11A report and deposition testimony, vacate the decision, and recommit it for the judge to allow additional medical evidence and/or a further impartial examination.