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Decision Gary D. Brzezinski v. Aerotek Energy

Date: 10/29/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 017435-05
Location: Boston
  • Employee: Gary D. Brzezinski
  • Employer: Aerotek Energy
  • Insurer: Hartford Insurance Company

COSTIGAN, J. Citing two errors, the insurer appeals from the administrative judge's decision awarding the employee permanent and total incapacity benefits pursuant to G. L. c. 152, § 34A. First, it contends that without notice to the parties prior to the issuance of his decision, the judge used medical evidence admitted for the pre-impartial examination "gap period" only, to support his finding of permanent and total incapacity. Second, it argues the judge improperly ignored the impartial physician's prima facie opinion of partial disability. We agree the judge violated the parties' due process rights by failing to give them notice and an opportunity to respond to his expansion of the scope for which he had allowed additional medical evidence. We recommit the case so that the parties may respond to this ruling with relevant medical evidence.

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