Decision

Decision  Katherine E. Martin v. Sunbridge Care and Rehab. for Hadley

Date: 01/18/2008
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 008711-01
Location: Boston
  • Employee: Katherine E. Martin
  • Employer: Sunbridge Care and Rehab. for Hadley
  • Insurer: American Casualty of Reading, PA

COSTIGAN, J. The insurer appeals from an administrative judge’s decision awarding the employee § 34A permanent and total incapacity benefits.

We agree that the judge’s failure to list the insurer’s vocational expert as a witness, or in any way reference her testimony, requires recommittal. However, we disagree that the judge erred by not requiring the employee to prove she had performed an unsuccessful job search as a condition of entitlement to § 34A benefits.

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