Trant's Case

The insurer appeals from a judgment in favor of the employee which affirmed a decision of the Industrial Accident Board (board) and awarded the employee $95.00 a week for a period from February 3, 1977, to the present upon a finding of temporary total incapacity under G. L. c. 152, § 34, as appearing in St. 1973, c. 978, §§ 4 and 7. At issue are: 1) whether a Superior Court judge properly recommitted the case to the board for the purpose of excluding evidence and rendering a new decision based upon the record so amended; 2) whether the board’s finding after recommittal that the employee was…