Decision  Richard P. Zoschak v. Leggett & Platt

Date:	11/18/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 010289-99
Location:	Boston

• Employee: Richard P. Zoschak
• Employer: Leggett & Platt
• Insurer: CNA Insurance Company

LEVINE, J. The insurer appeals an administrative judge’s decision denying its complaint to modify or discontinue the employee’s § 34 temporary total incapacity benefits. The insurer contends that, although the judge allowed its motion to submit additional medical evidence, he erroneously stated in his decision that the motion had been denied, and consequently failed to consider the additional medical evidence submitted by both parties. The records contained in the board file support the insurer’s position.¹  We therefore vacate the decision and recommit the case to the judge for reconsideration, taking into account all the medical evidence which was properly admitted.

¹  We take judicial notice of the contents of the board file. Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n.3 (2002).