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THOMAS BROMMAGE'S CASE

No. 09-P-381.

75 Mass. App. Ct. 825 (2009)

THOMAS BROMMAGE'S CASE.

Appeals Court of Massachusetts, Suffolk.

November 25, 2009.

Attorney(s) appearing for the Case

Israel M. Sanchez, Jr., for the employee.

Martin T. Sullivan for the employer.

Present: KANTROWITZ, SMITH, & GRAHAM, JJ.

KANTROWITZ, J.

Today we hold, similar to our holding in Dalbec's Case, 69 Mass.App.Ct. 306, 313-316 (2007), that an administrative judge in the Department of Industrial Accidents (department) need not adopt the conclusions of an impartial medical examiner's (IME's) report in a workers' compensation case where the judge finds the factual foundation of the report not credible. As such, we affirm the decision of the...

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