| Date: | 07/01/2004 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 042215-98 |
| Location: | Boston |
- Employee: Richard Anzalone
- Employer: Circuit City
- Insurer: Travelers Insurance Co.
MCCARTHY, J. The employee appeals from a decision in which an administrative judge discontinued payment of § 34 benefits stemming from an August 15, 1998 work injury as of the date of the § 11A medical examination, June 25, 2001, and denied the employee’s claim for § 34A benefits. The employee on appeal argues that the decision flies in the face of our construction of § 11A set out in Ruiz v. Unique Applications, 11 Mass. Workers’ Comp. Rep. 399 (1997)(impartial medical opinion that falls outside the medical dispute delineated by parties’ medical evidence submitted for review pursuant to § 11A(2) is inadequate). We agree with the employee that the judge did not address the Ruiz issue in relation to the retroactive discontinuance of § 34 benefits, from June 25, 2001 until exhaustion on October 29, 2001. We therefore reverse the order of discontinuance, and recommit the case for a reassessment of that period of disputed incapacity with the Ruiz principles in mind. We otherwise affirm the decision.