Recently, the Massachusetts Department of Industrial Accidents, Review Board, held that an administrative judge had not considered evidence the injured employee had properly submitted regarding his medical condition due to a work injury. The Board vacated the decision and remitted the matter for further review, noting also that the judge had mistakenly set forth dates for disability findings that were inconsistent with his adopted evidence.
In this case, the injured employee worked as a court officer and was hurt during an altercation with a prisoner in March 2012. The employee underwent treatment at a hospital for injuries to his ribs, right arm, and wrist. After the self-insurer accepted legal fault for the injured employee’s physical harm, the parties stipulated the injuries had resolved by May 2013.
At conference, the employee joined a claim for psychiatric counseling and further indemnity benefits, as well as a claim for post-traumatic stress disorder (PTSD). The insurer contended they were not liable for the PTSD injury. Since the judge deemed the § 11A report inadequate regarding the PTSD claim, the parties were allowed to submit additional medical evidence.