Decision  Catherine Tower v. Mass. Highway Dept.

Date: 07/21/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 017626-97
Location: Boston
  • Employee: Catherine Tower
  • Employer: Mass. Highway Dept.
  • Self Insurer: Commonwealth of Massachusetts

CARROLL, J. The employee appeals an administrative judge’s decision awarding a closed period of G. L. c. 152, § 34, temporary total incapacity benefits and ongoing § 35 temporary partial incapacity benefits. The employee argues that the judge erred in finding that she injured only her left upper extremity in a fall. In addition, she claims that the judge’s determination that she was partially incapacitated and had a $500.00 earning capacity was unsupported by the evidence or by his subsidiary findings. We agree that the judge’s findings on what injuries the employee sustained when she fell are inconsistent and inadequate. In addition, we hold that the judge failed to make adequate findings on causation. Therefore, we reverse the decision and recommit the case for further findings on these issues.

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