Date: | 08/24/2005 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 034740-02 |
Location: | Boston |
- Employee: Karen A. Amoroso
- Employer: University of Massachusetts Medical School
- Self Insurer: Commonwealth of Massachusetts
COSTIGAN, J. The employee appeals from an administrative judge's decision denying her claim for incapacity and medical benefits. The employee argues that because she and the § 11A physician were both employed by the University of Massachusetts Medical School (hereinafter "UMass Medical School"), the impartiality which is the safeguard of the § 11A system was compromised, and the impartial medical report should have been stricken. We agree, and reverse the judge's decision. We recommit the case for the admission of additional medical evidence, which may include a new impartial medical examination by a different doctor.