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Decision Daniel H. Smith v. DMHNS 1 North Shore Area Danvers

Date: 12/15/2017
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 019236-10
Location: Boston
Referenced Sources: Paul A. Rizzo v. MBTA
Michelle Grant v. Fashion Bug
Peter A. Kent v. Town of Scituate School Department
Melvin Morales v. Not Your Average Joe's, Inc.
  • Employee: Daniel H. Smith
  • Employer: DMHNS 1 North Shore Area Danvers
  • Self Insurer: Commonwealth of Massachusetts

HARPIN, J. The self-insurer appeals from a decision awarding the employee § 34A benefits. We affirm the decision.

The employee, while working in the psychiatric section of Tewksbury State Hospital on August 7, 2010, was physically attacked by a patient. (Dec. II, 4.)1 He was punched in the head and then knocked to the floor, where he was repeatedly kicked in the chest and abdomen until he lost consciousness. Id. He received and continues to receive medical treatment for his multiple injuries, which consist of a fractured right lower leg, right leg deep vein thrombosis (DVT), chronic right lower leg pain and instability, and chronic lumbosacral pain. (Dec. II, 4, 5.) He has not returned to work since his injury. (Dec. II, 4.)

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1 The first hearing decision in this case will be cited as "Dec. I." The second decision, currently under appeal, will be cited as "Dec. II."

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