Date: | 02/06/2013 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 016890-05 |
Location: | Boston |
- Employee: Shoshana Yeshaiau
- Employer: Mt. Auburn Hospital
- Insurer: Caregroup, Inc.
KOZIOL, J. Both parties appeal from a decision concluding that although G. L. c. 152, § 36(1)(j)1 permits an award for permanent loss of psychiatric function, the employee was not entitled to those benefits because she failed to prove she was permanently impaired. We affirm the judge’s decision that psychiatric loss of function benefits are recoverable pursuant to § 36(1)(j). However, because the self-insurer did not raise the issue of permanency at hearing and stipulated to the amount due should § 36(1)(j) be found to contemplate an award of benefits for such a loss, we reverse the decision on that issue, and order payment of the stipulated amount.