Decision  Steven M. Bisson v. County Cab

Date:	02/29/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 072355-87
Location:	Boston

• Employee: Steven M. Bisson
• Employer: County Cab
• Insurer: Utica Mutual Insurance Co.

McCARTHY, J. The insurer appeals from the decision of an administrative judge denying and dismissing its complaint for discontinuance of the employee's § 34A permanent and total incapacity benefits. Both parties agree that the judge's failure to list the insurer's investigator as a witness and/or discuss that testimony requires recommittal as a matter of law. ¹ "Not wanting to stand in the way of such a meeting of the minds, we add our voice to the consensus for recommittal." Leary v. M.B.T.A., 19 Mass. Workers' Comp. Rep. 66 (2005); quoting Beverly v. M.B.T.A., 17 Mass. Workers' Comp. Rep. 621, 622 (2003).

¹ We take judicial notice of the contents of the board file. Rizzo v. M.B.T.A., 16 Mass. Workers' Comp. Rep. 160, 161 n.3 (2002).