Decision

Decision  Todd Watson v. Rodman Ford Sales

Date: 06/23/2011
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 002193-05
Location: Boston
Referenced Sources: Todd Watson v. Rodman Ford Sales
  • Employee: Todd Watson
  • Employer: Rodman Ford Sales
  • Insurer: AIM Mutual Insurance Co.

KOZIOL, J. The parties cross-appeal from the administrative judge's decision ordering the insurer to pay the employee ongoing weekly benefits pursuant to §§ 34 and 35, and medical benefits, for the employee's physical and psychological condition. The insurer raises three issues on appeal, two of which we summarily affirm. As to the third issue, the insurer argues the judge erred by striking the impartial medical report from evidence after finding the doctor's illness caused him to be unavailable for deposition. The employee raises one issue, arguing the judge erred in reducing his weekly benefits from total incapacity under § 34, to partial incapacity under § 35, as of June 1, 2007. We reject the insurer's argument, and agree with the employee that recommittal is necessary for further findings on the extent of his incapacity.

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