| Date: | 05/06/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Number 038458-85 |
| Location: | Boston |
- Employee: Joseph Norton (employee), Helen Norton (Claimant)
- Employer: Bureau of State Office Buildings
- Self Insurer: Commonwealth of Massachusetts
CARROLL, J. The self-insurer appeals from a decision in which the administrative judge awarded § 31 widow’s benefits to the claimant, finding the employee’s death to be causally related to a 1985 accepted industrial injury, a heart attack. The self-insurer argues on appeal, inter alia, as follows: (1) that the regulation which states that no impartial physician shall be required in death cases is unenforceable as it conflicts with §11A(2); (2) that the hearing judge erred by failing to accord the impartial examiner’s opinion prima facie weight; and (3) that the judge failed to make the required written ruling of inadequacy prior to allowing the introduction of additional medical evidence. For the reasons that follow, we affirm the administrative judge as to the above issues and summarily affirm all other issues raised by the self-insurer.