| Date: | 07/29/2004 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 018303-00 |
| Location: | Boston |
- Employee: Rebeca Mercedes Gonzales
- Employer: City of Lynn
- Self Insurer: City of Lynn
LEVINE, J. Both the employee and the self-insurer appeal the decision of an administrative judge awarding the employee a closed period of G. L. c. 152, § 34, temporary total incapacity benefits. We find merit in the employee’s argument that the heightened causation standard in § 1(7A) was not raised by the self-insurer or tried by consent. However, we also agree with the self-insurer that the judge erred in finding the employee incapacitated up to the date of the impartial examination, since the opinion of the impartial physician, on whom the judge relied, does not support the judge’s finding that any incapacity experienced by the employee was causally related to her work injury. We recommit the case to the judge for consideration of whether and to what extent the "gap" medicals support any incapacity causally related to the work injury under the simple causation standard.