| Date: | 10/25/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 034262-95 |
| Location: | Boston |
- Employee: Jose A. Santos
- Employer: George Knight & Co.
- Insurer: Eastern Casualty Insurance Company
WILSON, J. The insurer appeals an award of ongoing §34 benefits for temporary and total incapacity, contending that the impartial examiner’s opinion was inadmissible because it did not meet requisite standards of reliability under the test set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and adopted in part by the Supreme Judicial Court in Commonwealth v. Lanigan, 419 Mass. 15, 26 (1994). We conclude that, by failing to make a timely objection to the admission of the medical opinion of the impartial examiner, the insurer failed to preserve the issue for appeal. We therefore affirm the decision of the administrative judge.