Decision  Eugene Young v. Evans Delivery

Date:	12/11/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 007173-04, 046691-04, 046692-04
Location:	Boston

• Employee: Eugene Young
• Employer: Evans Delivery
• Insurer: Travelers Insurance Co.

COSTIGAN, J. The insurer appeals from a decision in which the administrative judge found the employee sustained a compensable left shoulder injury on or about January 1, 2004 and awarded ongoing § 34 total incapacity benefits.¹ The insurer contends certain of the judge's evidentiary rulings were improper and violative of its due process rights. We agree and, for the reasons set forth, recommit the case for further hearing.²

¹ The judge denied and dismissed claims in the alternative for dates of injury in February and May 2004. (Dec. 22.)

² We summarily affirm the judge's findings and determination that Eugene Young was an employee and not an independent contractor. (Dec. 10-15.)