| Date: | 09/02/2004 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 008459-94 |
| Location: | Boston |
- Employee: Anthony J. Laverde
- Employer: Hobart Sales and Service
- Insurer: Travelers Insurance Co.
MCCARTHY, J. The employee appeals from a 2002 decision of an administrative judge denying and dismissing his claim for § 35 partial incapacity benefits, commencing in 2001, due to a 1994 work injury to his knees. The employee argues that a prior insurer’s payment to exhaustion of § 35 benefits for a 1993 back injury should not foreclose his claim to a full slate of benefits for the injury to his knees. We disagree for the reasons that follow. We therefore affirm the decision in large part, but recommit the case for the limited purpose of determining whether any § 35 benefits remain to be paid for the knee injury.