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Decision

Decision  Warren E. Pittsley v. Kingston Propane, Inc.

Date: 09/09/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 053025-96
Location: Boston
  • Employee: Warren E. Pittsley
  • Employer: Kingston Propane, Inc.
  • Insurer: Old Republic Insurance Company

WILSON, J. The employee appeals from a decision in which an administrative judge denied and dismissed his claim for benefits as a result of an industrial back injury occurring on June 3, 1996, on the basis that the employee was not credible. The judge’s credibility determination hinged on the fact that the employee had suffered another incident while working for the same employer four months earlier, and had given his treating doctors incomplete histories regarding the two events. We vacate the decision and recommit the case for hearing de novo for the following reasons.1

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1 The administrative judge no longer serves in the Department.

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