Date: | 10/25/2001 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 008324-96 |
Location: | Boston |
- Employee: Barbara Callender-Hansel
- Employer: City of Boston School Dept.
- Self Insurer: City of Boston
CARROLL, J. The self-insurer appeals an award of ongoing § 34 benefits, claiming that the employee failed to submit medical evidence supporting her claim for temporary total incapacity benefits or causally relating her ongoing incapacity to her industrial injury. Alternatively, the self-insurer contends that the judge’s findings on incapacity and causal relationship are not adequately supported by his subsidiary findings. We do not agree that the medical evidence was inadequate to support a finding of causal relationship or that the judge’s findings are, as a matter of law, inadequate to support a causal relationship finding. However, we agree that the judge did not adequately support his finding of total incapacity beginning on September 9, 1999, the date of the employee’s failed attempt to return to work. We therefore affirm in part and reverse in part, recommitting this case for further findings on extent of incapacity.