Decision

Decision Victor Morini v. Wood Ventures, Inc.

Date: 09/15/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 022597-99
Location: Boston
  • Employee: Victor Morini
  • Employer: Wood Ventures, Inc.
  • Insurer: Reliance National Insurance Co.

CARROLL, J. The insurer appeals the decision of an administrative judge in which the employee was awarded G. L. c. 152, § 34, total incapacity benefits until exhaustion and § 34A permanent and total incapacity benefits thereafter. Among its claims of error, the insurer contends that the administrative judge improperly allowed the employee to amend his claim to include § 34A benefits, long after the close of the evidentiary record, without providing the insurer a meaningful opportunity to present evidence on the § 34A issues. There are also issues of reliance on medical opinions not in evidence, and whether the vocational opinion relied upon by the judge improperly strayed into the medical realm. After a review of the evidentiary record, we reverse the decision and recommit the case to the administrative judge for additional findings.

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