Decision  Andrea Cook Hewitt v. Blue Ridge Insurance, et al.

Date:	11/19/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 025732-98, 044371-04, 045017-04
Location:	Boston

• Employee: Andrea Cook Hewitt
• Employer: Blue Ridge Insurance, General Casualty, National Grange Insurance
• Insurer: Pacific Insurance (Insurer), General Casualty (Self-Insurer), Chubb Group of Insurance Companies (Insurer)

 

HORAN, J. General Casualty, a self-insurer in the middle of this three insurer¹ case, appeals from a decision ordering it to pay the employee ongoing § 34 benefits and medical benefits. We affirm the judge's finding that the employee's work as an insurance claims adjuster caused her disability and incapacity from work. However, because the employee claimed only § 35 benefits after August 26, 2006, ² we vacate the § 34 award from that date forward. We also recommit the case for further findings of fact consistent with this opinion.

¹ The three insurers are, in chronological order based on date of injury: Pacific Insurance as the insurer of employer Blue Ridge Insurance, General Casualty, a self-insurer, and Chubb Group, the insurer of employer National Grange.

² The employee's hearing memorandum claimed § 34 benefits from November, 2005 to March, 2006 and from April, 2006 to August, 2006, and § 35 benefits from May, 2005 to "present." (Employee Ex. I.) At the hearing, employee's counsel more precisely defined the § 34 claim, requesting "temporary total disability for the period from November 16 th through March 16 th" and a second period "from April 26 th through August 26 th." (Tr. 7.)