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Decision

Decision  Johnnie R. Mims v. MBTA

Date: 05/27/2004
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 055064-98, 056542-00, 023568-01
Location: Boston
  • Employee: Johnnie R. Mims
  • Employer: MBTA
  • Self Insurer: MBTA

MCCARTHY, J. The self-insurer’s appeal identifies a circumstance where an administrative judge made more work for herself than was necessary. The context is a recurring one, involving a gap in expert medical opinion for a portion of the claimed period of incapacity. The "gap" is almost always the disputed period of incapacity between the commencement of the claim (the industrial accident in this liability case) and the § 11A impartial medical examination. But when is the "gap" not a gap?

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