| Date: | 05/30/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 001644-00, 070482-01 |
| Location: | Boston |
- Employee: Gary Russell
- Employer: Webb Supply Co. and J.D. Daddario, Inc.
- Insurer: AIM Mutual Insurance Company and Arbella Indemnity
McCARTHY, J. AIM Mutual, the first insurer in this successive insurer case, appeals an administrative judge’s decision finding it liable for the employee’s ongoing weekly temporary total incapacity benefits. We summarily affirm the decision as to AIM’s argument that the judge made inadequate findings regarding the liability of the successive insurer. Though the judge should have supported his finding more explicitly, none of the medical evidence supports a finding of a new injury or an aggravation during the employee’s nine months with his successive employer. See Miranda v. Chadwick’s of Boston, Ltd., 17 Mass. Workers' Comp. Rep. 644, 648-649 (2003)(award against first insurer will be sustained where employee suffered consistent symptoms after first injury, even in the face of worsening of symptoms at a second employment). We agree, however, that the judge failed to make necessary findings pursuant to § 1(7A), and recommit the case for that purpose. The judge also needs to make further findings identifying the medical evidence on which he has relied.