Decision Robert V. Ward v. Frito Lay Inc.

Date: 05/31/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 003342-98
Location: Boston
  • Employee: Robert V. Ward
  • Employer: Frito Lay Inc.
  • Insurer: CNA Insurance Co.

CARROLL, J. This is the second appeal by the insurer of an administrative judge's award of § 34A benefits. We again recommit the matter. Recommittal on the insurer's first appeal came about because the decision issued by the administrative judge was "identical, word for word including spelling . . . errors, to the [employee's] draft decision, [and did] not evidence any personal analysis by the administrative judge." Ward v. Frito-Lay Inc., (Bd. No. 003342-98, Memo of Recommittal - Feb. 20, 2003) quoting from Lavoie v. Westfield Pub. School Sys., 7 Mass. Workers' Comp. Rep. 77, 78 (1993).

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