Decision

Decision  James Caslin v. NStar Electric and Gas Company

Date: 12/06/2018
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 015282-87, 047433-01, 031269-03, 036937-06, 002594-08
Location: Boston
  • Employee: James Caslin
  • Employer: NStar Electric and Gas Company
  • Insurer: Liberty Mutual
  • Self Insurer: NStar Electric and Gas Company

CALLIOTTE, J.  The self-insurer appeals from a decision ordering it to pay the employee § 34A permanent and total incapacity benefits beginning on April 17, 2015, as well as §§ 13 and 30 benefits, including diagnostic tests, surgeries and psychiatric treatment for injuries of October 29, 2001, September 29, 2003, November 28, 2006, and February 1, 2008.  The insurer (Liberty Mutual) also appeals the decision ordering it to pay for any outstanding weekly compensation, and reasonable and necessary1 medical treatment related to a March 9, 1987, industrial injury, as well as an attorney’s fee.  We affirm the decision with respect to the self-insurer’s arguments.  However, we vacate the decision against Liberty, except with respect to the establishment of liability.    

 

 

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1  We note that there is no statutory support for the “reasonable and necessary” standard for medical treatment.  Rather G.L. c. 152, § 30, provides that “the insurer shall furnish to an injured employee adequate and reasonable health care services and medicines, if needed, together with the expenses necessarily incidental to such services . . . .”  See Donovan v. Keyspan Energy Delivery, 22 Mass. Workers’ Comp. Rep. 337 n. 1 (2008).  Nonetheless, the “reasonable and necessary” language is widely used, and we leave those references in the decision where used by the parties or the judge. 

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