| Date: | 08/08/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 14258-99 |
| Location: | Boston |
- Employee: Robert F. Lindsey
- Employer: Stop & Shop
- Self Insurer: Stop & Shop
MCARTHY, J. The self-insurer appeals from a decision in which an administrative judge awarded the employee one month of §34 incapacity benefits for a work-related right arm injury. The self-insurer argues that the judge erred by not listing its investigative videotape as an exhibit in his decision. This oversight is harmless, as the tape is not germane to the reasoning of the judge in awarding benefits. The self-insurer also contends that it was error to allow in evidence a report of a physical therapist who treated the employee. This argument is likewise without merit because the report was introduced without objection during the deposition of the employee’s attending family physician, Dr. Barry Magnus. (Dr. Magnus Dep. 25.) Moreover, the judge’s decision does not turn on the contents of this report. We summarily affirm the decision with regard to these arguments. The insurer also argues that the judge’s award of benefits was without medical support, as the only medical evidence from August 1999 – the month in which benefits were awarded – established that the employee could return to full duty work. We briefly address this argument, and affirm the decision.