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Decision William Seymour v. U.S. Tsubaki, Inc.

Date: 10/03/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 047206-02
Location: Boston
Referenced Sources: William Seymour v. U. S. Tsubaki, Inc.
  • Employee: William Seymour
  • Employer: U.S. Tsubaki, Inc.
  • Insurer: Tokio Marine & Nichido Fire Insurance Co.

McCARTHY, J. The insurer appeals from a decision rendered on recommittal, in which the administrative judge again awarded the employee temporary total incapacity benefits. The reason for the recommittal was the judge’s failure to make any findings with respect to medical evidence establishing causal relationship between the work injury and the employee’s medical impairment. See Seymour v. U.S. Tsubaki, Inc., 20 Mass. Workers’ Comp. Rep. 113 (2006). The insurer now argues that the judge erred by referencing and adopting a medical report that was not in evidence. We agree. Once again, therefore, recommittal is appropriate.

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