Decision

Decision  Robin Lee Berry v. North Shore Medical Center

Date: 09/22/2011
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.

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