Decision  Carrie Weilandt v. American Lighting Fixture Corp.

Date:	10/15/2020
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 033935-10
Location:	Boston

• Employee: Carrie Weildandt
• Employer: American Lighting Fixture Corp.
• Insurer: Peerless Ins. Co.

KOZIOL, J. The insurer appeals from a decision awarding the employee § 34A permanent and total incapacity benefits from February 23, 2018, and continuing, § 50 interest, §§ 13 and 30 benefits for “pain treatment conditions,” and an additional order for §§ 13 and 30 “treatment of the Employee’s emotional conditions.” (Dec. II, 11.)¹  Although phrased as an order for “treatment of . . . emotional conditions,” the employee claimed, and the judge’s findings identify, only one emotional condition, “depression,” from which the judge expressly found the employee to be suffering. (Dec. II, 10.) The sole question presented by the insurer’s appeal is whether, pursuant to §§ 13 and 30, the judge properly ordered it to pay for medical treatment of “emotional conditions,” including depression, where the evidence contains no medical opinion diagnosing the employee with depression, or any other emotional condition, and no medical opinion that treatment for depression is reasonable, adequate and related to the industrial accident as a sequela of her physical injury. G. L. c. 152 § 30. For the reasons set forth below, we reverse so much of the judge’s decision as found: 1) the employee suffers from depression; 2) the depression is causally related to her physical injury; 3) she requires treatment for depression, or any other unidentified “emotional conditions;” and, 5) that the insurer is responsible to pay for “treatment of the Employee’s emotional conditions.”

¹  An earlier decision was issued by Administrative Judge McDonald. His corrected hearing decision of March 19, 2013, is hereinafter, referred to as “Dec. I.” The present judge’s January 10, 2020, hearing decision is hereinafter referred to as “Dec. II.” Although our decision does not refer to the transcript from the first hearing, in keeping with these designations, references to the transcript from the May 6, 2019, hearing are hereinafter, referred to as “Tr. II.”