Decision  Lincoln E. Smith v. City of Boston

Date:	05/05/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 011958-91
Location:	Boston

• Employee: Lincoln E. Smith
• Employer: City of Boston
• Insurer: City of Boston

HORAN, J. This employee's appeal presents the question of whether the administrative judge's denial of benefits for a hypertension condition, claimed to be a sequela of work-related depression, was arbitrary and capricious. The judge denied the claim on the basis of res judicata, insofar as a prior hearing decision had denied that the employee's hypertension was directly related to the 1986 work injury. As a result of oral argument on this appeal, both parties were permitted to supplement their briefs to address causal relationship of the hypertension as a sequela. Having reviewed those supplemental materials, we affirm the decision. ¹

¹ The employee's supplemental brief highlighted extracts from the documentary evidence admitted at hearing. Among other documents relied upon, the employee cited the § 11A report of Dr. Donald Wexler. We need not consider Dr. Wexler's opinion, as the administrative judge specifically rejected it. (Dec. 8.)