| Date: | 08/09/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 032050-93 |
| Location: | Boston |
- Employee: Estella Tejada
- Employer: Copley Square Hotel
- Insurer: Eastern Casualty Insurance Co.
WILSON, J. The employee appeals from a decision in which the administrative judge allowed the insurer’s complaint to discontinue payments of partial incapacity benefits under G. L. c. 152, §35. The employee argues that her due process right to present necessary medical evidence in support of her claim was abridged by the judge’s adoption of the §11A physician’s opinion, when that doctor failed to make himself available for cross-examination at deposition. We agree with the employee that the judge erred in adopting the opinion of the §11A physician under these circumstances. We vacate the decision and recommit the case to the judge for further findings based on competent medical evidence.