Date: | 08/17/2009 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 043472-05 |
Location: | Boston |
- Employee: Luis E. Rosa
- Employer: Massachusetts Dept. of Mental Retardation
- Self Insurer: Commonwealth of Massachusetts
COSTIGAN, J. The employee appeals from a decision denying his claim for § 34 total incapacity benefits relating to an accepted industrial injury. (Dec. 3, 4.) He argues the judge's refusal to consider the deposition testimony of the § 11A impartial medical examiner was an abuse of her discretion. We disagree, and affirm the decision.