| Date: | 03/23/2017 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | Board No. 024916-98 |
| Location: | Boston |
- Employee: Steven E. Lombardo
- Employer: Titan Roofing
- Insurer: Zurich American Ins. Co.
KOZIOL, J. The insurer appeals from a decision awarding the employee § 34 total incapacity benefits from October 31, 2012 to July 31, 2015, and § 34A permanent and total incapacity benefits from August 1, 2015, and continuing. The insurer raises three issues on appeal. It claims the judge committed reversible error by: 1) denying its request to join subsequent insurers pursuant to 452 Code Mass. Regs. § 1.20; 2) mischaracterizing the medical evidence, resulting in an erroneous award of § 34A benefits; and, 3) failing to apply § 35C, McDonough’s Case, 440 Mass. 603 (2003), or § 35E to this case. We affirm the judge’s decision.