Tamburello v. Department of Labor & Industries

Plaintiff, Tony Tamburello, sought review in the Superior Court of an order by the Board of Industrial Insurance Appeals denying an application to reopen his claim on grounds of aggravation. From a verdict sustaining his denial, plaintiff appeals.

Plaintiff contends the trial court erred in: (1) admitting the testimony of Mr. Nichols, an investigator for the Department of Labor and Industries, who testified regarding observations he had made of the plaintiff’s physical condition; and (2) in admitting a movie taken by Mr. Nichols of the plaintiff performing several functions; at trial,…