Decision  Susan A. Reynolds v. Kay Bee Toys

Date:	11/26/2002
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 035578-92
Location:	Boston

• Employee: Susan A. Reynolds
• Employer: Kay Bee Toys
• Insurer: CVS Corporation

COSTIGAN, J. The third hearing decision filed by the administrative judge in this case is the subject of an appeal by the insurer.¹ The insurer contends that the § 11A impartial medical opinion which the judge adopted in finding the employee totally incapacitated, first temporarily and then permanently, is devoid of the requisite statement of causal relationship between the employee’s physical complaints and restrictions and her industrial injury. We agree that the expert medical evidence is less than optimal in that regard but disagree that the judge’s decision requires reversal or recommittal.

¹ We refer to the decision now on appeal as "Dec. III." References to the judge’s first hearing decision, filed on May 25, 1995, are designated as "Dec. I," and to the second hearing decision, filed on August 8, 1997, as "Dec. II."