|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 015020-00|
- Employee: Jose Agosto
- Employer: MBTA
- Self Insurer: MBTA
McCARTHY, J. The employee and self-insurer cross-appeal from a decision in which an administrative judge awarded the employee temporary total incapacity benefits for a work-related emotional disability. The self-insurer argues that the medical evidence does not support the judge’s award, because it was based on a foundation of work events that included bona fide personnel actions that are statutorily excluded as qualifying causes for emotional disabilities. See G. L. c. 152, § 1(7A).1 The employee seeks recommittal, because the judge erred by failing to address his properly joined claim for permanent and total incapacity benefits. We disagree with the self-insurer, and affirm the decision with respect to its arguments. We agree with the employee. However, we consider recommittal unnecessary, in the light of the undisputed prima facie medical evidence of the impartial psychiatrist. See G. L. c. 152, § 11A(2).