| Date: | 01/24/2011 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 033760-07 |
| Location: | Boston |
- Employee: Ibrahim Elballat
- Employer: Boston Market
- Insurer: ACE American Insurance Co.
HORAN, J. The employee and insurer cross-appeal from a decision awarding the employee § 34 benefits. on appeal, the employee submits he was incompetent to testify at the hearing with the result that his testimony was largely false. Despite having prevailed, he seeks reversal and recommittal. the insurer requests we vacate the award of benefits and assess costs and penalties against the employee pursuant to §§ 14(1) and (2). because the employee's partial recantation on appeal raises multiple questions of material fact that were not presented to the judge for adjudication, we are compelled to recommit thecae for further findings. 1