Decision  Robert Hamel v. Dela, Inc.

Date:	06/21/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 043219-03
Location:	Boston

• Employee: Robert Hamel
• Employer: Dela, Inc.
• Insurer: Acadia Insurance Co.

McCARTHY, J. The employee appeals from the decision of an administrative judge denying and dismissing his claim for § 34 weekly incapacity benefits. He contends that although the judge allowed the parties to present additional medical evidence due to the inadequacy of the § 11A examiner’s report, the judge failed to list in his decision, and take into consideration, a physician’s report introduced into evidence. Since records contained in the board file support the employee’s position, we recommit the case to the judge for reconsideration, taking into account the disregarded medical evidence.¹

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).