No. 03845885 (1999). EMPLOYEE: Joseph Norton.

• Case Date: May 06, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 03845885 (1999). EMPLOYEE: Joseph Norton COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Joseph Norton CLAIMANT: Helen Norton EMPLOYER: Bureau of State Office Buildings INSURER: Commonwealth of MassachusettsBOARD NO. 03845885REVIEWING BOARD DECISION (Judges Carroll, Maze-Rothstein and Levine)APPEARANCES Joseph F. Agnelli, Jr., Esq., for the employee Arthur Jackson, Esq., for the self-insurer CARROLL, J. The self-insurer appeals from a decision in which the administrative judge awarded § 31 widow's benefits to the claimant, finding the employee's death to be causally related to a 1985 accepted industrial injury, a heart attack. The self-insurer argues on appeal, inter alia, as follows: (1) that the regulation which states that no impartial physician shall be required in death cases is unenforceable as it conflicts with §11A(2); (2) that the hearing judge erred by failing to accord the impartial examiner's opinion prima facie weight; and (3) that the judge failed to make the required written ruling of inadequacy prior to allowing the introduction of additional medical evidence. For the reasons that follow, we affirm the administrative judge as to the above issues and summarily affirm all other issues raised by the self-insurer. The employee was a master-plumber who worked two jobs, five days a week prior to May 29, 1985. He was very physically active at home where he renovated his kitchen, gardened and maintained the house inside and out. On May 29, 1985, Mr. Norton suffered a myocardial infarction which the self-insurer accepted as work related. The employee stopped working and his level of physical activity changed dramatically. Others were called into his home to do work he had previously done. The employee received ongoing, uninterrupted workers' compensation benefits due to his work-related myocardial infarction and, while receiving those benefits, he had another heart attack in January of 1992, during a vacation in Florida. (Dec. 6.) While being followed every three months by Dr. Goodson, an internist, and Dr. Freedlich, a cardiologist, the employee had another myocardial infarction on July 14, 1994. (Dec. 7.) On September 29, 1994, Mr. Norton died as the result of yet another myocardial infarction after break-ing out in a sweat while in bed. Id. At the time of his death, the employee was receiving § 34A benefits as the result of an unappealed conference order dated May 7, 1990. (Dec. 3.) The employee's wife (the claimant) filed a claim for widow's benefits, which were ordered at conference. The self-insurer appealed to a hearing de novo. Id. The sole issue at hearing was the causal relationship of Mr. Norton's death to the May 29, 1985 accepted industrial accident, for which the employee was receiving ongoing § 34A benefits at the time of his death on September 29, 1994. (Dec. 4.) 1 Dr. Mark Goldman performed a records review as a § 11A impartial physician. Dr. Goldman never examined the deceased employee. (Dec. 10.) The claimant moved, pursuant to § 11A, to strike the report and testimony 2 of the impartial physician or to declare his opinions inadequate. 3...