Decision  Charles M. Berfield v. North Shore Medical Center

Date:	03/31/2016
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 016673-12
Location:	Boston

• Employee: Charles Berfield v. North Shore Medical Center
• Employer: North Shore Medical Center
• Self Insurer: Partners Healthcare System, Inc.

KOZIOL, J. The employee appeals from a decision denying and dismissing his claim for § 34A benefits, allowing the insurer’s complaint to discontinue payment of § 34 temporary total incapacity benefits as of the date of the hearing, November 17, 2014, and ordering the self-insurer to commence payment of § 35 benefits at a rate of $293.13 per week based on a $440.00 earning capacity, beginning November 17, 2014 and continuing.¹ The judge also denied the employee’s claim for medical benefits related to his left shoulder, and ordered the self-insurer to cease medical payments for the employee’s post-traumatic mental health treatment, as of November 17, 2014. (Dec. 9-11.) For the reasons that follow, we affirm the decision.

¹ The hearing was conducted on two separate days. We refer to the transcript of the November 17, 2014 proceeding as "Tr. I," and the January 15, 2015 proceeding as "Tr. II."