| Date: | 03/12/2003 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 040850-96 |
| Location: | Boston |
- Employee: Antoinette Buonanno
- Employer: Greico Bros.
- Insurer: Arrow Mutual Liability Insurance Company
LEVINE, J. The insurer appeals from a decision of an administrative judge awarding the employee § 34A permanent and total incapacity benefits for her October 10, 1996, work-related knee injury. The insurer argues that the judge’s finding of a vocational worsening was not supported by the evidence and that the application of the presumption of retirement under § 35E bars the award. We summarily affirm the decision as to the § 35E issue. We reverse the award of § 34A benefits and restore the benefits to which the employee is entitled under § 35.