| Date: | 12/31/2025 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No.: 037665-20 |
| Location: | BOSTON, MA |
- Employee: Francis Donovan
- Employer: MBTA
- Self Insurer: MBTA
O’LEARY, J. The self-insurer appeals from the administrative judge’s decision awarding the employee § 34A permanent and total incapacity benefits. On appeal, the self-insurer raises several arguments, including that the administrative judge erred by failing to consider the deposition testimony of the impartial physician in his decision. We agree that the administrative judge did not review or acknowledge the deposition testimony and inaccurately stated that the deposition did not occur. We recommit the case for the administrative judge to consider all evidence, including the deposition transcript of the impartial physician, as outlined in this opinion. The facts pertinent to the issues addressed on appeal follow.