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Decision Carol Davoll v. Parmenter VNA & Community Care Inc.

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.

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