The Massachusetts Reviewing Board of Industrial Accidents reviewed a decision in favor of an employer’s workers’ compensation insurer, affirming the dismissal of an injured employee’s claim for psychological impairments. In this appeal, the issue was whether it had been an abuse of discretion for the Director to deny the employee’s fee waiver petition and ultimately for the judge to dismiss the employee’s claim.
In a decision involving an injured employee’s failure to pay for one-half of a medical examination, the Massachusetts Reviewing Board of Industrial Accidents held that his claim for benefits was denied and dismissed it.
The case before the Board presented a long procedural history related to an April 10, 2007 work injury. On appeal, the issue centered on the dismissal of the employee’s claim for psychological impairments allegedly related to that injury. At a hearing, after the employee appealed an order denying this claim, the judge found the § 11A impartial medical report was adequate but then opened the record due to medical complexity.