Decision  Stephen Borawski v. Gencor Industries, Inc.

Date: 12/01/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 021038-01
Location: Boston
  • Employee: Stephen Borawski
  • Employer: Gencor Industries, Inc.
  • Insurer: American Protection Insurance

LEVINE, J. The employee appeals an administrative judge’s decision awarding a closed period of weekly G. L. c. 152, § 35, partial incapacity benefits. The employee first contends that there is no medical or vocational evidence supporting the judge’s finding that the employee had an earning capacity during that time. In addition, he maintains that the case should be recommitted for additional medical evidence because he had surgery after the issuance of the administrative judge’s decision. Finally, the employee challenges, for the first time on appeal, the qualifications of the impartial examiner. We summarily affirm the judge’s decision as to the employee’s last two arguments. For the following reasons, we also affirm the judge’s decision finding the employee partially incapacitated and establishing an earning capacity.

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