Decision  Scott Murphy v. American Steel & Aluminum Corp.

Date:	04/12/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 027092-04
Location:	Boston

• Employee: Scott Murphy
• Employer: American Steel & Aluminum Corp.
• Insurer: AIM Mutual Insurance Company

HORAN, J. Due to a unique procedural history, we consolidate the employee's appeals¹ from the two hearing decisions,²  which address different claims arising from one date of injury. For the reasons that follow, we affirm the first decision, and recommit the second decisions for further findings of fact.

¹  The insurer also appealed the first hearing decision. we affirmed that decision, and the insurer did not appeal our decisions to the Appeals Court. This fact, and the insurer's failure to appeal the second hearing decisions, leaves only the issues raised by the employee's appeals from both hearing decisions, and those implicated by the Appeals Court's reprimand.

²  The first hearing, held on February 22, 2006 and April 3, 2006, resulted on a decision filed on March 30, 2007, by Administrative Judge William Constantino, Jr.; we refer to it as Dec. I. The second hearing, held on September 25, 2008, resulted in a decision filed on April 27, 2009, by Administrative Judge Paul F. Benoit; we refer to it as Dec. II.