| Date: | 12/22/2005 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 037625-01 |
| Location: | Boston |
- Employee: William Cheetham
- Employer: US Manufacturing Company
- Insurer: Granite State Insurance Company
McCARTHY, J. The insurer appeals from an administrative judge's decision awarding the employee closed periods of § 34 and § 35 weekly incapacity benefits, making two arguments. We find dispositive the insurer's second argument that its due process rights were violated by the judge's refusal to allow it to depose the impartial examiner. We therefore recommit the case to the administrative judge for the taking of the impartial physician's deposition.