Decision James M. Nutton, Jr. v. Greater Lawrence Educational Collaborative

Date: 06/02/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 010579-00
Location: Boston
  • Employee: James M. Nutton, Jr.
  • Employer: Greater Lawrence Educational Collaborative
  • Insurer: Great American Insurance Company

COSTIGAN, J. The employee and the insurer cross-appeal from a decision in which an administrative judge awarded the employee a closed period of G. L. c. 152, § 34, temporary total incapacity benefits, and ongoing § 35 partial incapacity benefits, for a low back injury at work on February 8, 2000. The employee argues that the judge erred in finding him only partially incapacitated as of January 11, 2001, and that he remained entitled to § 34 benefits. We agree that the § 35 award cannot stand, not for the extent of incapacity issue argued by the employee, but because of a fatal deficiency in the expert medical causation opinions relied on by the judge.

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