| Date: | 10/05/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 053704-98 |
| Location: | Boston |
- Employee: James Allen, Jr.
- Employer: Luciano Refrigeration
- Insurer: Legion Insurance Company
CARROLL, J. The insurer appeals two aspects of the administrative judge’s decision. First, the insurer contends that the judge erred in awarding § 34 temporary total incapacity benefits beyond the period claimed by the employee. We agree that the employee did not claim § 34 benefits for almost three weeks during which the judge awarded them, but nevertheless find no error because the employee submitted medical evidence which supported the judge’s award. Second, the insurer maintains that the judge awarded ongoing § 35 benefits erroneously because the employee failed to present any medical evidence to substantiate incapacity after his surgery. We disagree with the insurer that the employee did not present medical evidence after his surgery which could support a partial incapacity, but agree that the judge failed to comment on that evidence. We therefore recommit the case for the judge to make specific findings on the medical evidence presented post surgery. In all other respects, the decision is affirmed.