Decision  Arthur Belleville v. Sonora Bread

Date:	08/16/2000
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 05504-95
Location:	Boston

MCCARTHY, J. When this fifty-seven year old ironworker reported an industrial injury to his left arm and shoulder on February 7, 1995, his employer’s insurer voluntarily commenced payment of §34 temporary total weekly incapacity benefits. Subsequently, the insurer filed a complaint to discontinue or modify those benefits. The complaint was denied at a §10A conference and the insurer appealed to a full evidentiary hearing. While waiting for the hearing date, Belleville filed a motion to have his claim for further weekly benefits¹ joined at hearing. The motion was allowed at the February 9, 1998 hearing. (Dec. 2, 4.)

¹ Because the statutory expiration of his §34 benefits was approaching, Belleville sought §34A or, alternately, §35 benefits. (Dec. 2.)