| Date: | 07/12/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 066195-88 |
| Location: | Boston |
- Employee: Thomas Izbicki
- Employer: John J. Nissen Baking Co.
- Insurer: Liberty Mutual Insurance Co.
LEVINE, J. The insurer appeals from a decision in which an administrative judge awarded §34A permanent and total incapacity benefits to an employee for orthopedic impairment resulting from his 1988 low back injury. The insurer argues that the judge erred by failing to find a worsening of the employee's orthopedic condition, when a different judge awarded §34 benefits based on both orthopedic and psychiatric conditions, but specifically found that the orthopedic condition only partially incapacitated the employee. The insurer also argues that the judge erred with respect to her finding as to the employee’s age; finally, it argues that the judge violated the insurer’s right to due process by denying its request for a post-hearing §45 medical examination. Finding merit in the first two issues the insurer raises, we recommit the case for further findings.