Decision  Ronald Higinbotham v. Emcor Balco Co.

Date:	12/29/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 036791-06
Location:	Boston

• Employee: Ronald Higinbotham
• Employer: Emcor Balco Co.
• Insurer: CNA Insurance Company

FABRICANT, J. The insurer appeals from an administrative judge's decision awarding the employee ongoing § 34 total incapacity benefits. The insurer contends the judge erred by refusing to schedule an impartial examination because he found there was no "dispute over medical issues," as required by G. L. c. 152, § 11A,¹ and then erred further by denying the insurer the right to submit its own medical evidence.  

¹ General Laws. c. 152, § 11A(2), provides, in pertinent part:

When any claim or complaint involving a dispute over medical issues is the subject of an appeal of a conference order pursuant to section ten A, the parties shall agree upon an impartial medical examiner from the roster to examine the employee and submit such choice to the administrative judge assigned to the case within ten calendar days of filing the appeal, or said administrative judge shall appoint such examiner from the roster.

(Emphasis added.)