Date: | 04/28/1999 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 96031-88 |
Location: | Boston |
- Employee: Merton E. Round, Jr.
- Employer: King Size Co.
- Insurer: American International Adjustment Company
WILSON, J. The insurer appeals a decision in which the administrative judge, over the insurer’s objection, allowed the employee’s introduction of a report of a licensed social worker to support his claim of a mental or emotional industrial injury. Because there is no exception to the inadmissibility of such hearsay evidence, the admission of the report was erroneous. Moreover, the judge’s specific reliance on the report in awarding benefits renders the error prejudicial, rather than harmless. We therefore recommit the case for further findings without consideration of the social worker’s report.1