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Decision Suzana Amorim v. Tewksbury Donuts, Inc.

Date: 06/09/2017
Organization: Department of Industrial Accidents
Docket Number: Board No. 029555-14
Location: Boston
  • Employee: Suzana Amorim
  • Employer: Tewksbury Donuts, Inc.
  • Insurer: Massachusetts Retail Merchants SIG

CALLIOTTE, J. The insurer appeals1 from an administrative judge’s decision ordering it to pay § 34 temporary total incapacity benefits from November 27, 2015, and continuing, for a September 22, 2014, workplace injury. We recommit the case for the judge to address two of the many issues the insurer raises: 1) that the judge failed to rule on objections made in the medical depositions; and 2) that statements the judge made in the decision indicate a lack of impartiality. Because resolution of these two issues may impact the other issues raised by the insurer, we do not address the remaining issues at this time.2

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1 The employee also appealed, but withdrew her appeal prior to the filing of appellate briefs. Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n. 3(2002)(reviewing board may take judicial notice of documents in Board file)(see also Insurer br. 2, n.1).

2 The insurer also raised the following issues: 1) the judge improperly rejected the impartial examiner’s medical opinion based on his own extrajudicial and subjective lay opinion; 2) the judge improperly shifted the burden of proof and drew impermissible adverse inferences regarding the job offers made by the insurer; 3) the judge mischaracterized the impartial opinion, and made insufficient findings for appellate review; 4) the judge failed to conduct a proper vocational analysis under § 35D; and 5) the judge’s ruling on complexity was intended to circumvent § 11A and punish the insurer for unilaterally discontinuing benefits.