Decision  Darlene Ramm v. Commonwealth Gas Co./NSTAR Electric & Gas

Date:	06/01/2016
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 004728-01, 032612-07 (1), 017888-07, 036324-09, 006693-10, 011690-10
Location:	Boston

• Employee: Darlene Ramm
• Employer: Commonwealth Gas Co./NSTAR Electric & Gas
• Self Insurer: NSTAR

KOZIOL, J. The parties cross-appeal from a decision awarding the employee § 30 medical benefits and § 35 partial incapacity benefits from January 4, 2010 and continuing, based on a left ulnar nerve injury sustained on June 13, 2007, and denying, without prejudice, all other claims, including those arising from the remaining five alleged dates of injury. Both parties argue the judge erred by dismissing the remaining claims without making findings of fact or reaching any conclusions. They urge us to recommit the matter for the judge to make findings of fact addressing each of those claims and the insurer’s defenses. (Employee br. 18-19; Self-ins. br. 24.) We agree, and recommit the case for further findings of fact and ruling of law.

¹ The Department’s Case Management System (CMS) has Liberty Mutual Insurance Company listed as the insurer for this board number for the alleged November 19, 2003 date of injury. However, the hearing decision notes that counsel for the self-insurer confirmed that Liberty Mutual was a claims administrator for the self-insured, not an insurer. (Dec. 1 n.1.)