Decision  Cheryl Lopes v. Lifestream, Inc.

Date:	04/19/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 042099-04
Location:	Boston

• Employee: Cheryl Lopes
• Employer: Lifestream, Inc.
• Insurer: Liberty Mutual Insurance Co.

HORAN, J. The employee appeals from a decision¹ denying her claim for further weekly incapacity benefits.² For the reasons that follow, we reverse the decision and recommit the case for further findings of fact.

¹  This decision was filed on September 25, 2009, we refer to it as DEC.II; a prior hearing decision by the same judge was filed on May 8, 2006, we refer to it as Dec. I.

² The first hearing decision awarded the employee closed periods of § 34 and § 35 incapacity benefits through which September 22, 2005. rejecting the employee's challenges to the evidentiary issues bases of termination of those benefits, we summarily affirmed that decision in Lopes v. Lifestream, Inc., 21 Mass. Workers' Comp. Rep. 213 (2007).