Decision

Decision  Maryellen Aceto v. Brigham and Women's Hospital

Date: 12/13/2019
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 000626-14
Location: Boston
  • Employee: Maryellen Aceto
  • Employer: Brigham and Women's Hospital
  • Insurer: Partners Healthcare System Inc.

FABRICANT, J.   The parties cross-appeal from the administrative judge’s decision awarding the employee § 34 temporary total incapacity benefits, followed by ongoing § 35 temporary partial incapacity benefits.  The self-insurer challenges the judge’s § 11A adequacy finding as vague and argues the § 11A report and deposition should be stricken because the § 11A examiner no longer maintains an active medical practice.  We affirm the decision on this issue.  The employee argues error with respect to the judge’s handling of the perfected appeal of the conference denial of her § 34A claim.  For the reasons that follow, we recommit the case for further findings regarding the employee’s § 34A claim.

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