Decision Joseph Leary v. M.B.T.A.

Date: 03/28/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 044974-00
Location: Boston
  • Employee: Joseph Leary
  • Employer: M.B.T.A.
  • Self Insurer: M.B.T.A.

CARROLL, J. Both parties agree that an administrative judge's decision awarding a closed period of total incapacity benefits and ongoing partial incapacity benefits for a November 7, 2000 industrial accident is so carelessly drafted as to render effective appellate review impossible. "Not wanting to stand in the way of such a meeting of the minds, we add our voice to the consensus for recommittal." Beverly v. M.B.T.A., 17 Mass. Workers' Comp. Rep. 621, 622 (2003). Because the administrative judge no longer serves the department, however, the recommittal must be for a hearing de novo.

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