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Decision George Eterly v. Nypro

Date: 10/20/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 039343-07
Location: Boston
  • Employee: George Eterly
  • Employer: Nypro
  • Insurer: American Home Assurance Co.

KOZIOL, J. The employee appeals from a decision denying and dismissing his claim for weekly incapacity and medical benefits based on a psychiatric injury he allegedly sustained as a result of being touched on the forehead by a supervisor at work. The employee argues the judge erred by substituting his judgment for the opinion of the impartial medical examiner, Dr. Zamir Nestelbaum, regarding whether the employee's "morbid emotional or psychological reaction to an admittedly inappropriate touching disabled him." Employee br. 2, 23-24, 28. For the reasons that follow, we affirm.

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