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Decision Paul A. Rizzo v. MBTA

Date: 04/19/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 004664-94
Location: Boston
  • Employee: Paul A. Rizzo
  • Employer: MBTA
  • Self Insurer: MBTA

WILSON, J. The employee appeals from a decision in which an administrative judge denied his claim for compensation benefits for a 1998 recurrence of a 1994 work-related lumbar spine injury. We agree with the employee that the judge erred by failing to list in evidence or make findings indicating his consideration of a 2000 report of a neurosurgeon, Dr. Shapur A. Ameri. We also are not convinced that the judge properly rejected the causal relationship opinion of a neurologist, Dr. David Hollander, given the requirements of an intervening cause analysis not performed by the judge. We therefore recommit the case for further findings. The decision is summarily affirmed as to the employee’s remaining issues.1

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1The employee asserts error with regard to the judge’s denial of the employee’s claim for § 35 benefits due to his finger, and the judge’s denial of § 14(1) penalties against the self-insurer.