| Date: | 06/23/2004 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 029167-01 |
| Location: | Boston |
- Employee: Laura Pinsonnault
- Employer: Conso International
- Insurer: Zurich Insurance Company
MCCARTHY, J. The insurer appeals an administrative judge’s award of ongoing § 34 temporary total incapacity benefits, making a number of arguments. We address the most significant, and summarily affirm the decision as to the others. The insurer contends that its due process rights and relevant regulations were violated when the administrative judge, at conference, in the absence of a motion by a party or an opportunity to be heard, amended the claim against it to include a new injury and then issued an order based on the new injury. Next, the insurer maintains that the judge should not have allowed the employee to withdraw her appeal against the prior insurer. Third, Zurich argues that the judge erred in awarding § 34 benefits where the employer made a bona fide job offer which the impartial doctor opined the employee could perform. Finally, the insurer briefly argues that the judge’s decision lacks specificity with regard to the injuries for which it is liable. We find merit in the last two arguments, and recommit the case for further findings on those issues. We affirm the decision as to the other issues.