Date: | 09/22/2011 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 035786-08 |
Location: | Boston |
- Employee: Robin Lee Berry
- Employer: North Shore Medical Center
- Self Insurer: Partners Healthcare System, Inc.
COSTIGAN, J. The employee appeals from the administrative judge’s decision awarding her a closed period of § 34 total incapacity benefits, and continuing § 35 partial incapacity benefits, based on an assigned weekly earning capacity of $320. The employee advances one argument only: the judge’s failure to list as exhibits, let alone make findings concerning, her additional medical evidence, precludes this board from conducting a meaningful review of the judge’s overall incapacity analysis. We agree, and recommit the case for consideration of that evidence and for further findings.