Decision

Decision  Paul Powers v. Teledyne Rodney Metals

Date: 06/10/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 017582-98
Location: Boston
  • Employee: Paul Powers
  • Employer: Teledyne Rodney Metals
  • Insurer: CNA Insurance Co.

WILSON, J. The employee appeals from a decision of an administrative judge awarding him a closed period of temporary and total incapacity benefits. The employee argues that the judge should not have discontinued benefits based on the provisions of § 1(7A), and that the judge erroneously excluded certain evidence, which the employee sought to introduce as additional medical evidence. We agree with the employee that 1) the judge’s analysis under G. L. c. 152, § 1(7A), was insufficient; 2) letters of his treating physician (Employee Exhibits F, G, and I for identification) should have been admitted in evidence; and 3) the letters from the employee’s counsel to the doctor (Employee Exhibits A, B and H for identification), which laid a foundation for the opinions expressed in the doctor’s letters, should have been admitted, although not as evidence, but for that limited foundational purpose only. Therefore, the case must be recommitted.1

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1 We affirm the judge’s determination that the other documents sought to be introduced as additional medical evidence -- and objected to by the insurer -- were not medical records and inadmissible for that purpose. See Employee Exhibits C, D, E for identification.

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