Monticelli v. Trifari, Krussman & Fishel, Inc.

OPINION

KELLEHER, Justice.

This is an employee’s appeal from a decree of the Workers’ Compensation Commission. The trial commissioner had found that the employee, Osvaldi Monticelli (Os-valdi), was totally disabled from October 30, 1980, until January 23, 1981, and partially disabled thereafter. In his subsequent appeal to the appellate commission, Osvaldi challenged the trial commissioner’s *995failure to exclude the testimony of the employer’s physician on the basis that a copy of his report, though received by Osvaldi, was not timely forwarded to Osvaldi’s counsel, the finding of partial rather…