Decision  Otto K. Weitkunat, Jr. v. Springfield Muffler Co.

Date: 05/27/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 018968-00, 039055-00
Location: Boston
Referenced Sources: Deborah Fairfield v. Communities United
Anastasios Karsaliakos v. K & L Concrete and Gary Pinsonneault
  • Employee: Otto K. Weitkunat, Jr.
  • Employer: Springfield Muffler Co.
  • Insurer: Star Insurance Company

MAZE-ROTHSTEIN, J. The employee, on appeal, raises three issues contesting the denial of his claim for further compensation. First, he contends that the incapacity conclusions reached as to his May 30, 2000 right leg injury are premised on the judge’s own impermissible medical opinion regarding when the employee’s deep venous thrombosis resolved. Next, he argues that, despite finding a September 21, 2000 work related accident, the judge erroneously awarded the employee no workers’ compensation benefits. Finally, the employee alleges that the judge exceeded his authority in extending time for the submission of draft decisions and proposed findings absent a formal request to do so by the insurer. For the reasons discussed below we affirm the decision. See G. L. c. 152, § 11C.

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