| Date: | 11/08/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 002685-99 |
| Location: | Boston |
- Employee: Salvatore Gulino
- Employer: General Electric Co.
- Self Insurer: General Electric Co.
CARROLL, J. The self-insurer appeals from a decision in which an administrative judge awarded ongoing partial incapacity benefits based on the employee’s expert medical evidence. The self-insurer argues that the judge erred in sua sponte expanding the use of additional medical evidence – from considering it only for the "gap" period prior to the impartial medical examination, to using it to assess causal relationship after the examination - because he did not notify the parties of his decision to do so and did not give them the opportunity to develop the additional medical evidence with an eye toward the causal relationship issue. The self-insurer also argues that the judge mischaracterized the § 11A physician’s opinion in reaching his decision to allow additional medical evidence. We agree with the first contention, and recommit the case for further proceedings and findings accordingly.