Decision

Decision Ethel Blood v. City of Lynn

Date: 03/25/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 014225-00
Location: Boston
Referenced Sources: Monique Taylor v. Morton Hospital & Medical Center
Robert F. Dudley v. Yellow Freight System, Inc.
  • Employee: Ethel Blood
  • Employer: City of Lynn
  • Self Insurer: City of Lynn

MAZE-ROTHSTEIN, J. The employee challenges the assignment of an earning capacity and award of G. L. c. 152, § 35, partial incapacity weekly indemnity benefits, maintaining that the § 11 decision is not supported by the evidence. She contends that the conclusions reached by the judge as to extent of incapacity are: 1) premised on a mischaracterization of the § 11A medical evidence that was not the examiner’s opinion but inadmissible hearsay; 2) not adequately supported by subsidiary findings addressing pivotal testimonial evidence; and 3) lacking adequate analysis under Frennier’s Case, 318 Mass. 635 (1945), and Scheffler’s Case, 419 Mass. 251, 256 (1994). We summarily affirm the decision in all respects, except we address the issue of hearsay and deem it waived because it was not preserved below and was mooted by the employee’s own confirmation of that hearsay.

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