# Weaver's Case

> Massachusetts Appeals Court · June 24, 1976 · 4 Mass. App. Ct. 820

URL: https://www.frixlaw.com/law-library/cases/6455731

## Case

- **Full name:** Robert E. Weaver's Case
- **Court:** Massachusetts Appeals Court
- **Decided:** June 24, 1976
- **Citations:** 4 Mass. App. Ct. 820; 349 N.E.2d 895; 1976 Mass. App. LEXIS 612
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6455731

## Opinion text

A single issue is raised on appeal from a judgment of the Superior Court denying an employee’s claim for permanent and total disability under G. L. c. 152, § 34A. In light of the disclosure to the Superior Court judge that a supplemental medical report from the impartial physician had been obtained in violation of the rules of the Industrial Accident Board and that the reviewing board had passed upon it without according the insurer an opportunity for rebuttal, the judge was warranted in recommitting the case to the board to give the insurer an opportunity to rebut the report so that a decision might be made upon a complete record. The Superior Court has broad power to recommit a case to the board where justice so requires. DaLomba’s Case, 352 Mass. 598, 602 (1967). Sabbagh’s Case, 346 Mass. 504, 507 (1963). Johnson’s Case, 242 Mass. 489, 495-496 (1922). Brown’s Case, 228 Mass. 31, 38 (1917). Locke, Workmen’s Compensation, § 585 (1968). It is not argued that there was error in the ultimate decision made by the court on the record returned by the board following remand.
Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6455731. Public record. Not legal advice.