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Decision Anthony Orlofski v. Town of Wales

Date: 12/20/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 029591-04
Location: Boston
Referenced Sources: Anthony Orlofski v. Town of Wales
  • Petitioner: Anthony Orlofski
  • Employer: Town of Wales
  • Insurer: MIIA SIG

KOZIOL, J. The employee appeals from the judge's decision denying and dismissing his § 30 claim seeking payment of medical bills for treatment he alleged to have received for his September 13, 2004, accepted low back injury. The appeal raises two issues, only one of which we address as it is dispositive: did our reversal of the judge's prior decision awarding the employee ongoing § 35 partial incapacity and § 30 medical benefits for his back injury bar the employee from further pursuing a claim for payment of medical benefits for the accepted injury? Because our prior decision did not bar the employee from pursuing a subsequent claim for payment of medical benefits, we reverse the decision and recommit the case for further proceedings.

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