Decision  Nectarios Akoumianakis v. Stadium Auto Body, Inc.

Date: 08/21/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 037433-00
Location: Boston
  • Employee: Nectarios Akoumianakis
  • Employer: Stadium Auto Body, Inc.
  • Insurer: Eastern Casualty Insurance Company

LEVINE, J. The insurer appeals from an administrative judge’s decision awarding the employee a closed period of weekly § 34 temporary total incapacity benefits and ongoing § 35 temporary partial incapacity benefits. The insurer makes two arguments. First, it contends that the judge’s decision is based on medical records not in evidence and, second, that the decision contains insufficient findings regarding the employer’s job offer and the employee’s earning capacity. We agree with both arguments and, therefore, we vacate the award and recommit the decision for reconsideration based on properly admitted medical evidence, and for an adequate vocational analysis.

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