Decision John Wirtz v. Barry Wehmiller Group

Date: 06/28/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 048373-01
Location: Boston
  • Employee: John Wirtz
  • Employer: Barry Wehmiller Group
  • Insurer: St. Paul Fire & Marine Ins. Co.

FABRICANT, J. The insurer appeals an administrative judge's decision finding that the employee's myocardial infarction and ensuing incapacity were causally related to stress at work. We agree with three of the insurer's arguments, and recommit the case for further findings. The insurer contends that the judge, 1) failed to make findings regarding the admissibility of the adopted medical opinion pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 59 U.S. 579 (1993), and its progeny; 2) failed to analyze whether the employee's work stress was a major cause of his ongoing incapacity pursuant to G. L. c. 152, § 1(7A); and 3) impermissibly relied on medical testimony which was based on hypothetical questions assuming facts not in evidence.

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