Decision

Decision  Theresa M. Armstrong v. Trust Ins. Co.

Date: 09/26/2001
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 002518-96
Location: Boston
  • Employee: Theresa M. Armstrong
  • Employer: Trust Ins. Co.
  • Insurer: Arbella Indemnity Insurance Company

CARROLL, J. The insurer appeals from a decision in which an administrative judge awarded the employee ongoing partial incapacity benefits, based on an accepted industrial injury involving repetitive stress to the employee’s neck and left shoulder. Along with issues of no merit, the insurer argues one that requires recommittal. The judge altogether failed to list in his decision twenty-six additional medical documents introduced by the parties pursuant to the judge’s determination that the medical issues were complex, in accordance with G.L. c. 152, §11A(2). As there is no indication in the decision that the judge even reviewed the additional medical evidence, we must recommit the case for a hearing de novo on the extent of incapacity.

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