| Date: | 01/07/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 077391-91 |
| Location: | Boston |
- Employee: Cletus L. Kijek
- Employer: OSRAM Sylvania Inc.
- Insurer: National Union Fire Insurance Co.
SMITH, J. The employee, Cletus Kijek, appeals from a decision on his original liability claim for § 34 temporary total incapacity benefits, § 30 medical benefits and § 28 double compensation. The judge found that Kijek sustained a personal injury to his back arising out of and in the course of his employment. The judge was unpersuaded that this physical disability diminished Kijek’s earning capacity, but found that the injury did necessitate medical treatment. He concluded that Kijek’s injury was not the result of serious and wilful misconduct by the employer. (Dec. 151.) The judge therefore denied the claim for weekly compensation and § 28 benefits but awarded reasonable and necessary medical services pursuant to G.L. c. 152, § 30. (Dec. 157.)