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Decision

Decision  Deborah Nykorchuk v. Blue Q. Corporation

Date: 04/17/2012
Organization: Department of Industrial Accidents
Docket Number: DIA Boad No. 038512-08
Location: Boston
  • Employee: Deborah Nykorchuk
  • Employer: Blue Q. Corporation
  • Insurer: Wholesale Retail Suppliers Compensation Corp.

KOZIOL, J. The insurer appeals from a decision awarding the employee § 34A permanent and total incapacity benefits from March 22, 2011, and continuing, and § 30 medical benefits for all treatment with Dr. Marc Linson, including back surgery performed on July 19, 2010.1(Dec. 7.) The insurer argues the judge erred in finding that the employee’s surgery was adequate and reasonable medical treatment, and in finding the employee permanently and totally incapacitated. We affirm. 

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1 The impartial medical examiner, Dr. Charles Kenny, described the surgical procedure as a “L4-5 anterior disk excision” and fusion. (Ex. 4, at 7, 8.)

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