| Date: | 01/31/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 016559-97 |
| Location: | Boston |
- Employee: Harold Hourihan, Jr.
- Employer: David & Hourihan, Inc.
- Insurer: Eastern Casualty Insurance Co.
MCCARTHY, J. On May 3, 1997 Harold T. Hourihan, ("the employee"), was working on top of an oil tank truck during a heavy rainstorm. Hourihan fell from the top of the truck landing between the truck body and the tank. The insurer accepted the claim and paid appropriate c. 152 benefits. Eventually the insurer filed a complaint to terminate or modify weekly benefits, to which the employee joined a claim for payment of medical expenses under § 30 with respect to a claimed knee injury. Following the conference, an order was filed which denied the complaint to terminate or modify and the claim of payment for medical expenses for treatment of the knee. Cross appeals were taken from that order.