Decision  Andrea O'Rourke v. New York Life Insurance Company

Date:	11/19/2019
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 012706-11
Location:	Boston
Referenced Sources:	Andrea O'Rourke v. New York Life Insurance

• Employee: Andrea O'Rourke
• Employer: New York Life Ins. Co.
• Insurer: Pacific Indemnity Ins. c/o Chubb Group of Ins. Cos.

KOZIOL, J.   This is the second appeal of this matter to the reviewing board.  The insurer filed the first appeal from a different judge’s hearing decision awarding the employee §34 benefits from September 16, 2014, and continuing, as well as §§ 13 and 30 medical benefits, including two surgeries and treatment for anxiety and depression.  We vacated the decision but were unable to recommit the matter for further findings of fact because the judge had retired from the Department.  Accordingly, we referred the case to the senior judge for reassignment to another judge for a de novo hearing.  During the interim period, we reinstated the conference order awarding the employee partial incapacity benefits under § 35 from August 1, 2013, based on actual earnings, and where no earnings exist, requiring the insurer to pay maximum § 35 benefits.  O’Rourke v. New York Life Ins., 30 Mass. Workers’ Comp. Rep. 303 (2016).  Thereafter, the matter was assigned to the present judge who conducted a de novo hearing.  The employee now appeals from that judge’s June 19, 2018, decision denying and dismissing her claim.¹  (Dec. II, 11.)

¹ Hereinafter, we refer to the first decision as “Dec. I,” and the second decision as “Dec. II.”