| Date: | 11/03/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 035621-96 |
| Location: | Boston |
- Employee: William Lanzille
- Employer: August A. Busch & Co. of MA
- Self Insurer: Anheuser Busch Companies, Inc.
CARROLL, J. The parties cross-appeal from a decision in which an administrative judge awarded the employee a closed period of § 34 temporary total incapacity benefits from date of injury up to the date of the § 11A impartial medical examination. The employee argues that the impartial examiner was biased. The judge made detailed findings on the issue of bias, which met the requirements of Tallent v. M.B.T.A., 9 Mass. Workers’ Comp. Rep. 794 (1995); Martin v. Red Star Express Lines, 9 Mass. Workers’ Comp. Rep. 670 (1995), and G. L. c. 152, § 11A. Therefore, we summarily affirm the judge’s rejection of the contention of bias. The self-insurer argues on appeal that the decision is arbitrary, capricious and contrary to law because the award of benefits was not grounded in the medical evidence before the judge at hearing. Because we agree that there was no medical evidence covering the "gap" period of time for which § 34 benefits were awarded by the judge, we recommit the case for introduction of additional medical evidence.