| Date: | 03/20/2003 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 012379-97 |
| Location: | Boston |
| Referenced Sources: |
Janice Silverman v. Dept. of Transitional Assistance George Lazarou v. City of Peabody Deborah Fairfield v. Communities United Stella Lyons v. Chapin Center Karen Siano v. Specialty Bolt & Screw, Inc. Russell Cook v. Stop and Shop Company Paul G. Reddy (deceased) and Margaret Reddy (claimant) v. Charles P. Blouin |
- Employee: Janice Silverman
- Employer: Dept. of Transitional Assistance
- Self Insurer: Commonwealth of Massachusetts
MCCARTHY, J. The self-insurer again appeals an administrative judge’s decision which affirms a prior hearing decision awarding § 34 temporary total incapacity benefits, and orders anew § 34A permanent and total incapacity benefits. The judge found that the employee’s injury at work remains a major cause of her ongoing incapacity and need for treatment as defined in G. L. c. 152, § 1(7A). The self-insurer argues that finding is not supported by the medical evidence submitted on the § 34A claim. We agree, and further hold that the medical opinions relating the employee’s claimed knee problems to her fall at work are not supported by the employee’s testimony. We therefore reverse the award of § 34A benefits.