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Decision

Decision  Francis Burke, Jr. v. Burns & Roe Enterprises

Date: 10/05/2001
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 012113-96
Location: Boston
  • Employee: Francis Burke, Jr.
  • Employer: Burns & Roe Enterprises
  • Insurer: Hartford Insurance Company

MAZE-ROTHSTEIN, J The insurer appeals an award of G.L. c. 152, § 34, temporary total weekly incapacity benefits following the insurer’s complaint to modify or discontinue them. Among its several arguments, one is dispositive of the appeal. It contends that the findings reflect no consideration of whether the employee’s work related knee injury was aggravated when he returned to work with a different employer. We agree with the insurer, and recommit the case to the administrative judge now handling the employee’s pending § 34A claim for further findings on the return to work issue.

 

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