| Date: | 12/04/2019 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 29985-07, 003410-14, 003411-14 |
| Location: | Boston |
| Referenced Sources: | Mary Wambugu v. Radius Healthcare Center at Milbury, et al |
- Employee: Mary Wambugu
- Employer: Radius Healthcare Center at Milbury, Christopher House , Senior Comfort Service
- Insurer: Atlantic Charter Insurance Company, AIM Mutual Insurance Company, National Union Fire Insurance
CALLIOTTE, J. This is the second appeal to the Reviewing Board in a successive insurer case involving injuries to the employee’s left and right shoulders. The employee and the first insurer, Atlantic Charter (Atlantic), appeal from the judge’s recommittal decision finding the employee was not entitled to §§ 13, 30 or 34A benefits from the second insurer, AIM, for an injury to her right shoulder suffered at her subsequent employment with AIM’s insured, Christopher House. For the following reasons, we vacate the decision and transfer the case to the senior judge for a hearing de novo before a different administrative judge.