Decision  Francis Williams v. Molloy's Garage

Date:	12/29/2016
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 006164-02
Location:	Boston

• Employee: Francis Williams
• Employer: Molloy's Garage
• Insurer: Massachusetts Insurers’ Insolvency Fund (1)

CALLIOTTE, J. The insurer appeals from a decision denying and dismissing its request to modify or discontinue the employee’s weekly § 34A permanent and total incapacity benefits. The insurer’s primary argument is that the judge erred by relying on a medical opinion which failed to take into account the employee’s non-work-related knee problems. We affirm.

¹ On February 22, 2002, the employee's claimed date of injury, his employer, Molloy’s Garage, was insured by Casualty Reciprocal Exchange, which is now insolvent. All references to the insurer are to Massachusetts Insurer’s Insolvency Fund. We note that the most recent hearing decision, as well as several other documents in the board file since 2014, refer to the employer as Malloy’s Garage, which appears to be a scrivener’s error.