Decision

Decision  Scott Marderosian v. Trial Court of the Commonwealth

Date: 08/19/2013
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 018239-08
Location: Boston
  • Employee: Scott Marderosian
  • Employer: Trial Court of the Commonwealth
  • Self Insurer: Commonwealth of Massachusetts

HORAN, J. The self-insurer appeals from a decision in which an administrative judge awarded, inter alia, § 34A benefits not claimed by the employee.1 Because the parties agree the § 34A award should be vacated, “we add our voice to the consensus. . . .” Leary v. M.B.T.A., 19 Mass. Workers’ Comp. Rep. 66 (2005), quoting Beverly v. M.B.T.A., 17 Mass. Workers’ Comp. Rep. 621, 622 (2003). Accordingly, we reverse and vacate the § 34A award.2

 

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1“The scope of the administrative judge’s authority at a § 11 hearing is limited to deciding those issues in controversy.” Hall v. Boston Park Plaza Hotel, 12 Mass. Workers’ Comp. Rep. 188, 190 (1998).

2 In so doing, we strike the judge’s findings that the employee was permanently and totally disabled from April 6, 2012, to date and continuing, (Dec. 10); the decision otherwise stands.

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