Date: | 04/04/2011 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board Nos. 047349-05, 032079-08 |
Location: | Boston |
- Employee: Jose Moran
- Employer: Signature Breads, Inc.
- Insurer: Liberty Mutual Insurance Co., Acadia Insurance Co.
KOZIOL, J. The employee appeals from the judge's decision denying his claims against both insurers for § 35 partial incapacity and § 30 medical benefits. The employee argues the judge committed various factual and legal errors in denying his claims, despite finding the employee has occupational asthma causally related to his exposure to flour dust at the employer's bakery. He also argues the judge erred in denying his post-hearing motion to take judicial notice of the employer's insurance coverage for the year 1996. We affirm the judge's order denying and dismissing the employee's claims, but do so on different legal grounds.