| Date: | 10/09/2020 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 001235-15 |
| Location: | Boston |
- Employee: Fernanda Silva
- Employer: AES Corporation
- Insurer: Travelers Insurance Company
CALLIOTTE, J. The employee and the insurer both appeal from the judge’s decision awarding the employee a closed period of § 34 temporary total incapacity benefits, and ongoing § 35 partial incapacity benefits. The insurer argues that, 1) the judge’s findings are confusing and inconsistent with the evidence and thus arbitrary and capricious; 2) the findings on causation with respect to the employee’s alleged right shoulder injury are contrary to law; and 3) the judge erred by finding the employee suffered an injury to her left shoulder. In her appeal, the employee disputes the insurer’s arguments, and further argues the judge erred by finding the employee is only partially disabled. We reverse the judge’s decision that the employee suffered a left shoulder injury. In addition, we vacate the decision, and recommit the case for the judge to make further findings of fact identifying the date or dates, and mechanism or mechanisms of the employee’s right shoulder injury, applying the correct standard of “as is” causation. Until the judge makes these basic findings, we cannot address the remainder of the insurer’s arguments or the employee’s argument as to incapacity.