Decision  Janice Silverman v. Dept. of Transitional Assistance

  • 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.

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