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Decision

Decision  Stephen P. Sistis v. Baldwinsville Pizza Barn

Date: 03/11/2008
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 035981-04
Location: Boston
  • Employee: Stephen P. Sistis
  • Employer: Baldwinsville Pizza Barn
  • Insurer: AIM Mutual Insurance Company

FABRICANT, J. The employee appeals from a decision awarding a closed period of § 34 benefits for a trip and fall injury to his left knee. The employee argues that the judge treated his motion for additional medical evidence inconsistently, allowing it at hearing but then denying it in the decision. We agree with the employee that the judge's action was arbitrary and capricious, and that the decision must be reversed and the case recommitted as a result. Because the judge has retired, the proceedings on recommittal must be de novo.

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