Decision  Manuel Fantasia v. Northeast Mfg. Co., Inc., et al

Date:	07/24/2000
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 029551-93, 010212-97, 010213-97, 010214-97, 038101-97, 040699-97, 040700-97, 040701-97, 040702-97, 040703-97, 040704-97, 040705-97
Location:	Boston

• Employee: Manuel Fantasia
• Employer: Northeast Mfg. Co., Inc., Hardric Laboratories, Borjohn Optical Technology, Alexander Machine and Tools Co., LKM Industries, Galaxie Laboratories, Inc
• Insurer: American Mutual Insurance, Sentry Insurance, Travelers Insurance Co., Lumberman’s Mutual Insurance Co., Workers’ Compensation Trust Fund, et al

CARROLL, J. Two insurers, Centennial, insurer of Borjohn Optical Technology (Borjohn), and Lumberman’s, insurer of Hardric Laboratories (Hardric), appeal from the decision of an administrative judge awarding a closed period of §35 weekly temporary partial incapacity benefits, followed by §34 weekly temporary total incapacity benefits, until those benefits were statutorily exhausted, and §34A weekly permanent total incapacity benefits thereafter.¹ Because the judge erred in considering a critical piece of photographic evidence, we recommit the case for findings anew.

¹ As the judge ordered Centennial (Borjohn) to pay the employee’s claim, it is Centennial which in fact appeals the judge’s rulings against it.