| Date: | 10/07/2003 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 026700-99 |
| Location: | Boston |
- Employee: Timothy Donegan
- Employer: Eastern Tool and Stamping
- Insurer: Arrow Mutual Insurance
LEVINE, J. The insurer appeals an administrative judge’s decision awarding ongoing incapacity benefits for a June 30, 1999 industrial injury. The insurer contends that the judge erroneously adopted the employee’s medical evidence over that of the G. L. c. 152, § 11A, physician. The employee appeals the decision on the basis that the judge’s award of § 35 partial incapacity benefits as of the exhaustion of § 34 total incapacity benefits was outside the scope of his authority. We affirm the decision.