In a recent ruling, the Massachusetts appellate court recommitted a DIA worker's compensation case where the insurer's motion was not ruled on prior to ruling.
In In Re: Fleischmann, Kenneth, the insurer filed a motion to admit additional medical evidence. They had raised the defenses of liability, disability, extent of disability, causal relationship, and s. 17A. The grounds for their motion was medical complexity. It was discussed at an un-transcribed status conference before the judge. However, the insurer's motion is not included in the board file and not referenced in the judge's decision.
The appellate court determined that the insurer's motion must be ruled on prior to the record being closed. The case was then recommitted for the judge to reconsider and rule on the motion.
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