| Date: | 01/25/2010 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 045978-04 |
| Location: | Boston |
- Employee: Carol Davoll
- Employer: Parmenter VNA & Community Care Inc.
- Insurer: ALEA North America Insurance Co.
KOZIOL, J. The parties cross-appeal from a decision denying the employee's claim for § 34 total incapacity benefits, and ordering the insurer to pay both reasonable medical expenses related to the employee's left biceps tendonitis and a fee to employee's counsel pursuant to § 13A(5). The employee argues the judge: 1) erred in his legal analysis of the issue of causal relationship; 2) made arbitrary and capricious findings; and, 3) erroneously failed to rule on the employee's motion to submit additional medical evidence. The insurer argues the judge erred in awarding a fee to employee's counsel because no weekly benefits were awarded and no specific medical bills or treatments were in controversy.