Decision  Robert E. Lee v. General Investment and Development

Date:	08/31/2004
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 038181-97
Location:	Boston

• Employee: Robert E. Lee
• Employer: General Investment and Development
• Insurer: Travelers Insurance Co.

CARROLL, J. The employee appeals from a decision in which an administrative judge denied his claim for temporary total incapacity benefits. The judge concluded that the employee had not met his burden of proving a worsening of his medical condition, for which the insurer was paying partial incapacity benefits at the time of the hearing. Because the judge misapplied the law under the circumstances of this case, we reverse the decision and recommit the case.¹

 

 

 

¹ As the administrative judge who decided the case no longer serves with the department, the recommittal will be for a hearing de novo.