| Date: | 11/13/2012 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 011307-09 |
| Location: | Boston |
| Referenced Sources: | Jane Sullivan v. Centrus Premier Home Care |
- Employee: Jane Sullivan
- Employer: Centrus Premier Home Care
- Insurer: American Home Assurance
LEVINE, J. The insurer appeals from an administrative judge’s decision awarding the employee ongoing § 34 total incapacity benefits. We agree with the insurer that its due process rights were violated when the judge failed to notify the parties of his ruling on the insurer’s motion objecting to the admissibility of portions of the employee’s additional medical evidence. Because we hold that the challenged medical evidence was admissible pursuant to 452 Code Mass. Regs. § 1.11(6), we recommit the case so the insurer may conduct depositions or otherwise respond to the judge’s admission of that evidence.