Decision  Raymond M. Tobin v. Sheriff Department Essex County

Date:	11/06/2024
Organization:	Department of Industrial Accidents
Docket Number:	DIA No. 000449-13
Location:	BOSTON, MA

• Employee: Raymond M. Tobin
• Employer: Sheriff Department Essex County
• Self Insurer: Commnwealth of Massachusetts

O’LEARY, J.  The self-insurer appeals from the administrative judge’s decision awarding the employee § 34A permanent and total incapacity benefits.¹ On appeal, the self-insurer raises several arguments, one of which alleges that the administrative judge committed reversable error by failing to notify the parties prior to the issuance of the hearing decision that she had admitted medical evidence submitted by the employee after the close of the record, over the objection of the self-insurer. Because we cannot determine whether or not the administrative judge relied on this medical evidence in reaching her decision, we recommit the case for further findings on the issue consistent with this opinion. See, Praetz v. Factory Mut. Eng’g and Research, 7 Mass. Workers’ Comp. Rep. 45, 47 (1993).  The facts pertinent to the issues addressed on appeal follow.

 ¹ The administrative judge ordered the self-insurer to pay § 34A permanent and total incapacity benefits in the weekly amount of $921.24 from January 19, 2020, to date and continuing, based on the average weekly wage of $1,383.24. (Dec. 12.)