Decision  John A. Taylor v. USF Logistics, Inc.

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.

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