Related to:
Decision

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.

Downloads for DIA Board No. 017435-05 Gary D. Brzezinski v. Aerotek Energy

Feedback

Did you find what you were looking for on this webpage? * required
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.

If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here.

Tell us what you think