Decision Jean Drumm v. Viale Florist

Date: 08/02/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 006381-91
Location: Boston
  • Employee: Jean Drumm
  • Employer: Viale Florist
  • Insurer: Florists Mutual Insurance Co.

CARROLL, J. The employee appeals from a decision in which an administrative judge denied and dismissed her claim for double benefits, pursuant to G. L. c. 152, § 28, based on a February 14, 1991 fall through an open trap door1 in the floor at work.2 The employee raises two related issues on appeal.3 We conclude that recommittal is appropriate due to the judge's erroneous refusal to admit and discuss the application and import of the proffered state and federal safety regulations.


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1The judge found: "I credit the employee's testimony that the safety cones were not in place on February 14, 1991, [the date of injury], nor were there any safeguards in place around the cellar entrance when the door was open on that date." (Dec. 5).

2There is no dispute the employee fell through the trap door at work, and that she sustained serious injuries to her shoulder, knee and back. (Dec. 4).


3The issues presented by the employee's brief are "[w]hether the administrative judge's denial of the employee's Section 28 claim was contrary to law," and "[w]hether the . . . judge's refusal to admit Massachusetts and federal safety regulations into evidence was arbitrary and capricious and contrary to law." (Employee br. 1).