Decision

Decision  Kathleen A. McGrath v. NStar Electric and Gas

Date: 06/05/2012
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 003278-05
Location: Boston
  • Employee: Kathleen A. McGrath
  • Employer: NStar Electric and Gas
  • Self Insurer: NStar Electric and Gas

HORAN, J. The self-insurer appeals from a decision denying its complaint to discontinue or modify the employee’s weekly compensation benefits. It argues the judge erred by consulting and relying, in part, on a learned treatise to determine whether a material component of the employee’s testimony was credible. (Self-ins. br. 12, 14-15.) Because the judge’s reliance upon the medical publication1 was contrary to law, we vacate the decision and recommit the case for a hearing de novo before a different administrative judge.2

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1 In the circumstances of this case, we need not decide whether the book in question qualifies as a learned treatise. To the extent that it could so qualify, it would only be “admissible in actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitaria. . . .” General Laws c. 233, § 79C.

2 In light of our decision on this issue, we need not address the self-insurer’s remaining arguments.

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