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Decision James G. Murphy v. B & M Office Installation

Date: 08/31/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 013522-05
Location: Boston
  • Employee: James G. Murphy
  • Employer: B & M Office Installation
  • Insurer: Granite State Insurance Co.

COSTIGAN, J. The administrative judge denied and dismissed the employee's claim for§ 36 benefits, based on his adoption of the § 11A impartial physician's opinion. The employee appeals, citing two errors. First, he notes the judge found the impartial medical report inadequate, and allowed additional medical evidence, but then proceeded not only to find that report adequate, but to adopt it to deny the employee's claim. Second, the employee argues, and the insurer does not dispute, that the judge completely ignored the medical evidence submitted by the parties. In fact, the judge neither listed the additional medical reports admitted into evidence, nor mentioned any medical expert other than the § 11A examiner. Because we agree with both of the employee's arguments, we reverse the decision and recommit the case for the judge to consider all admitted medical evidence.

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