| Date: | 02/28/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 038582-01 |
| Location: | Boston |
- Employee: Michael Haslam
- Employer: Modern Continental Construction Co.
- Insurer: National Union Fire Insurance Co.
CARROLL, J. The insurer appeals from a decision of an administrative judge awarding compensation to an employee of the "Big Dig" who was injured when he fell asleep while driving home after working twenty-seven straight hours. The insurer first argues that the "going and coming" rule bars compensation where work-induced fatigue causes an injury during the employee's commute. The insurer also challenges the judge's authority to file an amendment to his decision reserving the employee's right to present further evidence establishing his entitlement to the "prevailing wage." In addition, the insurer maintains that the judge erred by failing to rule on a post-hearing motion to compel further evidence. Finally, the insurer claims the judge erred by taking judicial notice of the fact that the Central Artery/Third Harbor Tunnel Project (the "Big Dig") is a public works project. We summarily affirm the decision as to the last issue. McCarty v. Wilkinson & Co., 11 Mass. Workers' Comp. Rep. 285, 289 (1997), aff'd sub nom. McCarty's Case, 445 Mass. 361 (2005). For the following reasons, we also affirm the original decision and its amendment in all other respects.