Date: | 06/05/2012 |
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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