Date: | 05/16/2008 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 044190-03 |
Location: | Boston |
- Employee: Jose Godinez
- Employer: Perkins Paper Company, Inc.
- Insurer: A.I.M. Mutual Insurance Co.
COSTIGAN, J. The insurer appeals from an administrative judge's decision awarding the employee a closed period of § 35 partial incapacity benefits. The insurer argues the judge erred by admitting additional medical evidence from the employee after the record closed, without ruling on the insurer's objection or giving it an opportunity to respond to the employee's evidence. Because we agree, we reverse the decision, vacate the award of benefits and recommit the case for further findings consistent with this opinion.