| Date: | 06/06/2008 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 044295-04 |
| Location: | Boston |
- Employee: Marie Cangemi
- Employer: Cumberland Farms
- Insurer: Insurance Co. of State of Pennsylvania
FABRICANT, J. The insurer appeals from a decision in which the administrative judge awarded the employee ongoing partial incapacity benefits for an accepted work injury to her back. The insurer argues, among other issues, that the judge committed prejudicial error in finding that a discogram was recommended when, in fact, it had already been performed at the time of the issuance of the decision. While we agree that the finding is incorrect, we consider the error harmless for the reasons that follow.