Date: | 10/21/2005 |
---|---|
Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board Nos. 052738-93, 046205-96 |
Location: | Boston |
- Employee: Judith Fallon
- Insurer: Department of Revenue
- Self Insurer: Commonwealth of Massachusetts
COSTIGAN, J. The self-insurer appeals from a decision in which an administrative judge awarded, inter alia, § 35 partial incapacity benefits not claimed by the employee.1 "The scope of the administrative judge's authority at a § 11 hearing is limited to deciding those issues in controversy." Hall v. Boston Park Plaza Hotel, 12 Mass. Workers' Comp. Rep. 188, 190 (1998). See also Goodsell v. Nashoba Painters, Inc., 16 Mass. Workers' Comp. Rep. 104 (2002); Lemieux v. FLEXcon Co., 15 Mass. Workers' Comp. Rep. 310, 311 (2001). "Where there is no claim, and therefore, no dispute, . . . the judge strayed from the parameters of the case and erred [by] making findings on issues not properly before [him]." Casey v. Town of Brookline, 17 Mass. Workers' Comp. Rep. 302, 309 (2003), citing Medley v. E. F. Hausermann Co., 14 Mass. Workers' Comp. Rep. 327, 330 (2000), quoting Gebeyan v. Cabot's Ice Cream, 8 Mass. Workers' Comp. Rep. 101, 102-103 (1994).