Decision  Ella Shand v. Lenox Hotel

Date:	06/02/2000
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 047888-93
Location:	Boston

• Employee: Ella Shand
• Employer: Lenox Hotel
• Insurer: Eastern Casualty Insurance Co.

LEVINE, J. This case is before us for a second time. In Shand v. Lenox Hotel, 12 Mass. Workers’ Comp. Rep. 365 (1998), we reversed the decision of the administrative judge and recommitted the case directing him to rule on the employee’s motion to find the medical issues complex. Id. at 369. In his decision following recommittal, the judge found the medical issues not complex, (Dec. II. 929),¹ and awarded ongoing §34A permanent and total incapacity benefits. (Dec. II. 934-935.) The insurer appeals the administrative judge’s latest decision. For the reasons that follow, we reverse the decision.

¹ The decision which was the subject of the first appeal is referred to as Dec. I. The decision issued after recommittal and is the subject of the present appeal is referred to as Dec. II.