| Date: | 01/22/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 40692-98 |
| Location: | Boston |
- Employee: Levon Y. Babayan
- Employer: Secretary of State
- Self Insurer: Commonwealth of Massachusetts
CARROLL, J. The pro se employee and self-insurer appeal from a decision in which an administrative judge awarded ongoing § 34 incapacity benefits for a work-related emotional injury, and denied the employee’s claim for benefits arising from coronary artery disease, as being unrelated to his employment. The employee contends that the judge erred in denying the heart-related claim. We summarily affirm the decision as regards this claim. The judge appropriately weighed the employee’s proffered cardiac related medical evidence, and did not adopt it. The self-insurer contends that the judge’s award of benefits was unsupported by competent expert medical opinion evidence, and that he failed to apply the bona fide personnel action exception to liability for emotional injuries, pursuant to G.L. c. 152, § 1(7A). We agree that the causation findings are insufficient and therefore recommit the case. The judge who heard this case has now recused himself from further proceedings, requiring that the case be recommitted to a new judge for a hearing de novo on only the emotional injury component of the employee’s claim.