Decision  Michael Barbetta v. Port Morris Tile & Marble Corp.

Date:	08/11/2008
Organization:	Department of Industrial Accidents
Docket Number:	042041-02, 048116-03
Location:	Boston

• Employee: Michael Barbetta
• Employer: Port Morris Tile & Marble Corp
• Insurer: Zurich North American Insurance Co

COSTIGAN, J. Zurich North American Insurance Company (Zurich), the first insurer in this successive insurer case, appeals from the administrative judge's decision finding it liable to pay the employee § 34A permanent and total incapacity benefits. Zurich argues that St. Paul Fire and Marine Insurance Company (St. Paul), the second insurer, should have been found liable. Because the judge's findings of fact are insufficient for appellate review of the successive insurer issue,¹ we recommit the case for further findings.

¹ We summarily affirm the decision as to Zurich's second argument on appeal, challenging the judge's vocational analysis.