|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board Nos. 032905-06, 019925-08, 015631-13|
- Employee: Patricia Gregor
- Employer: Verizon
- Insurer: Verizon (1) (Self insurer) and National Union Fire (2)
HORAN, J. This case serves as an unfortunate example of what can go wrong when a date of injury is added to a pending claim for benefits at a § 11 hearing. (Tr. 4-7.) See footnotes 1-2, supra. Because it is now clear the late amendment of the claim in this matter resulted in the joinder of an insurer who was not represented by counsel at the hearing, but whose rights were implicated in the ensuing decision, we vacate the decision and return the case to the senior judge for assignment to a new judge for a trial de novo. See Holden v. Town of Wilmington, 25 Mass. Workers’ Comp. Rep. 165 (2011)(improper joinder causing due process violation requires decision to be vacated; case reassigned to new judge for a trial de novo). Accordingly, we do not address the remaining appellate issues.