| Date: | 05/14/2003 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Number 031399-99 |
| Location: | Boston |
| Referenced Sources: |
Jose Valdes v. Tewksbury State Hospital Francis Burke, Jr. v. Burns & Roe Enterprises Paul W. Gomes v. Bristol County House of Correction Ella Shand v. Lenox Hotel |
- Employee: John A. Taylor
- Employer: USF Logistics, Inc.
- Insurer: Insurance Company of the State of Pennsylvania, Insurance Company of the State of Pennsylvania
COSTIGAN, J. The insurer appeals from a decision awarding the employee ongoing G. L. c. 152, § 35, partial incapacity benefits for an accepted injury at work. The insurer contends that the decision is arbitrary and capricious, as the sole expert medical opinion in evidence, that of the § 11A impartial examiner, was that the employee could return to his pre-injury work duties as a truck driver. We agree, and reverse the decision.