| Date: | 12/20/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 013436-97 |
| Location: | Boston |
- Employee: Robin Donovan
- Employer: Commonwealth Gas Co.
- Insurer: Commonwealth Energy Systems
MAZE-ROTHSTEIN, J. Robin Donovan appeals a decision that awarded her closed periods of G.L. c. 152, §§ 34 and 35 weekly partial incapacity workers’ compensation benefits for an injury she sustained on April 15, 1997 while employed with the Commonwealth Gas Company. She contends error in the assignment of an earning capacity, in the finding that causation between the work injury and any incapacity ended as of October 2, 1998, and in the denial of the employee counsel’s deposition costs related to a psychiatric evaluation. For the reasons set out in Scheffler’s Case, 419 Mass. 251 (1994), we affirm the principal award of benefits. Because the employee prevailed at hearing, we reverse the denial of her deposition costs and recommit the case for a determination by the judge of a reasonable deposition fee.