Decision  Patricia E. Lyman v. Northampton Nursing Home

Date:	08/27/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 024357-04
Location:	Boston

• Employee: Patricia E. Lyman
• Employer: Northampton Nursing Home
• Insurer: A.I.M. Mutual Insurance Co.

McCARTHY, J. The insurer appeals from a decision awarding the employee § 34A permanent and total incapacity benefits for a work-related rotator cuff injury. The insurer argues that the judge erred by failing to admit into evidence two documents which, it contends, contained both the employee's admission of her capacity to work, and evidence of double recovery.¹ The two documents were, 1) the employee's complaint in the superior court against the employer for employment discrimination, and 2) a settlement agreement regarding Americans with Disabilities Act charges brought by the employee at the Equal Employment Opportunity Commission (EEOC). We see no error in the judge's decision to exclude the documents from the record in this case. For the reasons that follow, we affirm the decision.

¹ We summarily affirm the decision as to the two other issues argued by the insurer.