Decision

Decision Antoinette Buonanno v. Greico Bros.

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.

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