Date: | 05/20/2011 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board Nos. 029333-01, 008905-08 |
Location: | Boston |
- Employee: Gordon Holden
- Employer: Town of Wilmington
- Self Insurer: MEGA Property & Casualty (SIG), Town of Wilmington (SI)
FABRICANT, J. The Town of Wilmington ("self-insurer")2 appeals from a decision in which the administrative judge ordered that it pay the employee benefits for a 2001 injury. The judge had joined a claim for the 2001 injury to a pending claim for a 2008 injury for which the Massachusetts Education & Government Assn. Self-Insurance Group ("MEGA") was on the risk. We hold the self-insurer was not properly notified of the joinder, and thus was denied its right to representation at the hearing. See 452 Code Mass. Regs. § 1.20.3 This violation of due process requires that we vacate the decision and recommit the case for a hearing de novo before a different administrative judge.