DALBEC'S CASE

No. 06-P-358.

69 Mass. App. Ct. 306 (2007)

ROBERT DALBEC'S CASE.

Appeals Court of Massachusetts, Suffolk.

June 8, 2007.


Attorney(s) appearing for the Case

William C. Harpin for the insurer.

Joseph S. Samra, Jr., for the employee.

Present: Rapoza, C.J., Green, & Sikora, JJ.


SIKORA, J.

In this workers' compensation case we consider the weight due the opinion of an impartial medical examiner (medical examiner). In this instance the medical examiner found the injured employee capable of a return to full employment. That opinion furnished the sole expert evidence upon the medical status of the employee. Nonetheless, an administrative judge and the reviewing board (reviewing board) of the Department of Industrial Accidents (department) overrode...

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