| Date: | 04/02/2026 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 015846-17 |
| Location: | Boston, MA |
- Employee: George Vagelis
- Employer: Dodge Park, LLC and HSM Investment LLC
- Insurer: New Hampshire Employers Insurance Company
FABISZEWSKI, J. The insurer appeals from the administrative judge’s decision awarding the employee §34A permanent and total incapacity benefits and medical benefits and attorney fees pursuant to §§13, 13A and 30. On appeal, the insurer raises three issues and argues that the administrative judge erred by: 1) failing to adopt the impartial examiner’s final opinion of disability; 2) making arbitrary and capricious findings regarding the employee’s work capacity and extent of disability; and 3) taking judicial notice of a fact not in evidence, in the absence of a request by a party, after the close of lay testimony without notice to the parties. Because we find that two of the insurer’s arguments require reversal of the administrative judge’s decision, we recommit the case for a decision consistent with this opinion.