No. 09603188 (1999). EMPLOYEE: Merton E. Round, Jr.

• Case Date: April 28, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 09603188 (1999). EMPLOYEE: Merton E. Round, Jr COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Merton E. Round, Jr. EMPLOYER: King Size Company INSURER: American International Adjustment CompanyBOARD NO. 09603188REVIEWING BOARD DECISION (Judges Wilson, McCarthy and Smith)APPEARANCES Lawrence R. Holland, Esq., and Paul R. DeRensis, Esq., for the employee Justin F.X. Kennedy, Esq., for the insurer WILSON, J. The insurer appeals a decision in which the administrative judge, over the insurer's objection, allowed the employee's introduction of a report of a licensed social worker to support his claim of a mental or emotional industrial injury. Because there is no exception to the inadmissibility of such hearsay evidence, the admission of the report was erroneous. Moreover, the judge's specific reliance on the report in awarding benefits renders the error prejudicial, rather than harmless. We therefore recommit the case for further findings without consideration of the social worker's report. 1 The employee suffered an emotional injury within the meaning of G.L. c. 152, § 1(7A), related to a series of events at work in 1988-1989. (Dec. 5-6, 9.) In reaching this conclusion, the judge weighed conflicting medical opinions of the employee's and the insurer's experts. The judge made the following general finding: The decision of this case turns upon which medical expert's opinion I accept. I conclude that Dr. Beckhardt's [employee's expert psychiatrist] opinion is more probably correct. I reject Dr. Bursztajn's [insurer's expert psychiatrist] opinion as not likely correct for several reasons. . . . Finally, three mental health experts, Dr. Beckhardt, Dr. Salzman and Mr. Griffin, diagnosed the employee with persistent depression complicated by his personality traits. I found those diagnoses to be more reasonable and mutually reinforcing, so that I believe it is more likely than not that Dr. Beckhardt's opinion is correct. (Dec. 9-10; emphasis added.) The insurer objected to the admission of Mr. Griffin's report, (Employee's Ex. 4), as he is a licensed social worker, and not a physician. (August 6, 1996 Tr. 3-4.) Physicians' opinions are admissible in workers' compensation hearings under 452 Code Mass. Regs. §1.11(6): "[A] party may offer as evidence medical reports...