No. 05677193 (1999). EMPLOYEE: Diane Pease Mongur.

• Case Date: May 25, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 05677193 (1999). EMPLOYEE: Diane Pease Mongur COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Diane Pease Mongur EMPLOYER: Martin-Marietta INSURER: CIGNA CompaniesBOARD NO. 05677193REVIEWING BOARD DECISION (Judges Carroll, Levine and Maze-Rothstein)APPEARANCES Thomas M. Libbos, Esq., for the employee Jennifer A. Hylemon, Esq., for the insurer CARROLL, J. The employee appeals the decision of an administrative judge awarding §§ 13 and 30 medical benefits for her carpal tunnel syndrome, cubital tunnel syndrome and ganglion condition of the right wrist but denying her claim for other physical conditions and for § 34 weekly total temporary incapacity benefits. Although a transcript was requested at the reviewing board pre-transcript conference, the hearing stenographer has left the department, and neither her stenographic notes nor an audio backup can be located. Without a transcript we are unable to perform our appellate function. When neither a full nor a partial transcript can be produced, due process requires reconstruction of the record sufficient to allow for evaluation of the merits of the appeal as well as the correctness of the rulings. Fitzsimmons v. Sigma Instruments, Inc., 7 Mass. Workers Comp. Rep. 12 (1993). The reconstruction need not be total. Rather, there need only be so much reconstruction of the record as to allow for review. Id. at 14. The judge to whom this case is assigned shall determine the extent of reconstruction necessary for proper appellate review. To do so, he may in his discretion require the parties to delineate the issues on appeal with more specificity. There is nothing before us to indicate that reconstruction of the record...