| Date: | 06/24/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 807941-85 |
| Location: | Boston |
- Employee: Ruthie Robinson
- Employer: General Motors Corp.
- Self Insurer: General Motors Corp.
SMITH, J. The employee appeals the decision of an administrative judge denying her claim for § 36 specific compensation for permanent impairment and § 30 medical benefits. The employee contends that the decision is arbitrary and capricious, and contrary to law, because the judge adopted both the decision in a prior proceeding and the § 11A impartial medical examiner's report on which that decision was based, and was biased against the employee's current medical expert. The case presents the perplexing administrative law question of whether an administrative judge in the Department of Indus-trial Accidents may rely on either the reputation of, or his prior experience with, a familiar expert witness. We vacate the finding about the doctor's reputation and recommit the case for further findings of fact regarding the expert's opinion.