Decision

Decision  Patricia Babbitt v. Youville Hospital

Date: 06/23/2009
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 026024-02
Location: Boston
  • Employee: Patricia Babbitt
  • Employer: Youville Hospital
  • Insurer: A.I.M. Mutual Insurance Co.

COSTIGAN, J. Adopting two expert medical opinions that the employee's accepted low back injury was no longer a major cause of her disability, the administrative judge discontinued weekly incapacity benefits as of the date of the § 11A impartial medical examination. The employee appeals, arguing the judge mishandled the medical evidence. We agree, and therefore recommit the case.

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Administrative Law Judge Bernard W. Fabricant was originally assigned to the panel but recused himself from this case.

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