Decision Martha Padilla v. North Coast Seafood

Date: 05/04/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 11425-01
Location: Boston
  • Employee: Martha Padilla
  • Employer: North Coast Seafood
  • Insurer: Eastern Casualty Insurance Company

FABRICANT, J. The employee appeals from a decision in which an administrative judge awarded her a closed period of partial incapacity benefits pursuant to G. L. c. 152, § 35, on her claim for an increase in her incapacity benefits. The employee argues that the decision is tainted by error of law, due to the judge's improper admission of and reliance on the §11A medical report of Dr. Raymond Igou, who died before his deposition testimony could be obtained in these proceedings. (Dec. 2-3.) We agree, vacate the decision in part, and recommit the case for further findings.

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