Decision  Jeremiah T. Donovan v. Keyspan Energy Delivery

Date:	12/12/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 021759-99
Location:	Boston

• Employee: Jeremiah T. Donovan
• Employer: Keyspan Energy Delivery
• Self Insurer: Keyspan New England

 

KOZIOL, J. The employee, who has paraplegia, appeals from a decision denying and dismissing his § 30 claim for the purchase of a "Paramobile:" a specialized wheelchair-type device that allows him to stand upright. Adopting the opinion of the self-insurer's medical expert, Dr. Jerome Siegel, the judge found the Paramobile was not a reasonable and necessary medical treatment.¹ (Dec. 7.) On the adopted medical evidence, we agree that the Paramobile is not an adequate or reasonable treatment. Amon's Case, 315 Mass. 210 (1943)(judge free to adopt all, part or none of expert medical opinion evidence). The judge also determined the Paramobile was not within the scope of the "mechanical appliance" clause of § 30, which provides for the payment of devices that "will promote [the employee's] restoration to or continue him in industry." Because the judge construed the "mechanical appliance" clause too narrowly, we reverse that portion of the decision and recommit the case for further findings and rulings consistent with our interpretation of § 30 that follows.

¹ Section 30 sets out an arguably broader standard, i.e., "[t]he insurer shall furnish to an injured employee adequate and reasonable health care services . . . so long as such services are necessary." Although commonly used, the statutory support for the "reasonable and necessary" standard is nonexistent. Lewin v. Danvers Butchery, Inc., 13 Mass. Workers' Comp. Rep. 18, 19-20 n.1 (1999)(" '[a]dequate and reasonable' relates to the nature of the hospital or medical services" whereas " '[n]ecessary' relates to the length of time an employee may be entitled to such health care services. It was added to the statute in 1948 when the duration of medical benefits was expanded to an indefinite period from what had earlier been limited to a few weeks.")