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Decision Mae Roscoe v. Brigham and Women's Hospital

Date: 05/22/2014
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 017001-11
Location: Boston
  • Employee: Mae Roscoe
  • Employer: Brigham and Women's Hospital
  • Self Insurer: Partners Healthcare System, Inc. (1)

CALLIOTTE, J. The employee appeals from a decision awarding her weekly § 34 temporary total incapacity benefits until the date of the § 11A examination, but finding her ongoing partial disability was not causally related to her work injury. We agree with the employee that the impartial report is inadequate as a matter of law, and that the judge therefore erred by denying the employee’s motion to submit additional medical evidence. We also agree the judge erred in relying on medical records submitted for the "gap period" to determine ongoing incapacity and causal relationship, and in relying on a report not in evidence. We therefore recommit the case to the administrative judge for the admission and consideration of additional medical evidence.

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1 Although the judge refers to Partners Healthcare System as the "insurer," Partners refers to itself as the "self-insurer." We use Partners’ designation.