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Decision

Decision  Roy Aitchison v. Phil's Auto Service, Inc.

Date: 10/05/2001
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 026257-92
Location: Boston
  • Employee: Roy Aitchison
  • Employer: Phil's Auto Service, Inc.
  • Insurer: Commercial Union Insurance Co.

MCCARTHY, J. Roy E. Aitchison appeals from a decision in which the administrative judge denied and dismissed his claim for extended § 35 benefits based upon permanent and partial loss of function of his major hand and wrist. The judge’s conclusion reflects the failure of the § 11A impartial physician to opine as to the relevant impairment. Because the § 11A(2) medical report was inadequate as a matter of law under the circumstances, we recommit the case for a hearing de novo on the issue of the employee’s permanent impairment and whether extended § 35 benefits are due.1

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1 The administrative judge who wrote the decision no longer serves in the department.

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