Date: | 07/25/2011 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 034547-08 |
Location: | Boston |
- Employee: Richard Goulette
- Employer: National Bath Systems
- Insurer: Hartford Insurance Company
HORAN, J. The insurer appeals from a decision awarding the employee §§ 13, 30 and 34 benefits. It argues that its due process rights were violated when the employee’s attorney failed to provide it with copies of the medical records and reports he submitted to the judge as additional medical evidence under § 11A(2). It also challenges the judge’s determination of the employee’s average weekly wage. We reverse the decision, vacate the award of benefits, and recommit the case for further proceedings on the medical evidence, and further findings on the average weekly wage issue, consistent with this opinion.