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Decision

Decision  Josephine McLaughlin v. Kohl's Department Store

Date: 03/19/2009
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 017608-05
Location: Boston
  • Employee: Josephine McLaughlin
  • Employer: Kohl's Department Store
  • Insurer: Liberty Mutual Fire Ins. Co.

KOZIOL, J. The employee appeals a decision denying and dismissing her claim for § 34 weekly incapacity benefits from June 3, 2005 to date and continuing, and § 30 medical benefits, for an alleged May 16, 2005 work-related injury to her neck. At the hearing, the judge allowed the insurer's motion to submit additional medical evidence, finding the § 11A report inadequate. (Tr. 4.) The parties' respective medical records and reports were admitted in evidence and no depositions were taken. The employee claims the judge erred in finding there was no medical opinion in evidence causally relating her symptoms or complaints to the work-related incident.

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