Decision  Timothy Donegan v. Eastern Tool and Stamping

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.

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