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Decision

Decision  Henry A. Quarles v. USF Red Star, Inc.

Date: 01/26/2006
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 046697-01
Location: Boston
  • Employee: Henry A. Quarles
  • Employer: USF Red Star, Inc.
  • Insurer: Insurance Company State of PA

CARROLL, J. The insurer appeals from a decision in which an administrative judge awarded the employee § 34 temporary total incapacity benefits followed by § 34A permanent and total incapacity benefits. The insurer argues, among other things, that there was no medical evidence to support the award during the so-called "gap" period between the commencement of the claim (the date of a compensable causally related surgery) and the impartial medical examination. Because we conclude that the case falls within our treatment of the "gap" issue first set out in Hernandez v. Crest Hood Foam Co., Inc., 13 Mass. Workers’ Comp. Rep. 445 (1999), and followed by numerous cases, we disagree and affirm the decision.

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