Decision  Debra Carmody v. North Shore Medical Center

Date: 04/17/2019
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 034893-16
Location: Boston
  • Employee: Debra Carmody
  • Employer: North Shore Medical Center
  • Insurer: Partners Healthcare System, Inc.

KOZIOL, J.  The insurer appeals from a hearing decision ordering it to pay the employee § 34, temporary total incapacity benefits, from December 28, 2016 to March 6, 2017, and from April 10, 2017, and continuing.  On appeal, the insurer asserts the judge erred in making her underlying disability determination, as well as her incapacity determination and awarding the employee § 34 benefits.  We affirm in part.  However, we also vacate the order of § 34 benefits from April 10, 2017, and continuing, and recommit for further findings of fact pursuant to G. L. c. 152, § 35D(4), regarding the employee’s incapacity during that time frame.    

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