Decision  John Stawiecki v. DPW Mass Highway Department

Date:	02/13/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 080087-89
Location:	Boston

• Employee: John Stawiecki
• Employer: DPW Mass Highway Department
• Self Insurer: Commonwealth of Massachusetts

HORAN, J. The employee appeals the decision denying his claim for § 36(1)(k) disfigurement benefits¹ for his confinement in a wheelchair. The employee raises two specific issues on appeal: 1) the adopted medical opinion compels the award of benefits; and, 2) his claim is not barred by res judicata. (Employee br. 22-27.)² Because the judge adopted a medical opinion that there was no causal connection between the employee’s 1989 work injury and his present physical impairment, there is no error. We affirm the decision.

¹ General Laws c. 152, § 36(1)(k), provides, in pertinent part, payment “[f]or bodily disfigurement [in] an amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed fifteen thousand dollars; which sum shall be payable in addition to all other sums due under this section.”

² The employee acknowledges that the judge never reached the res judicata issue. (Employee br. 26.) We also note that issues not raised by the appellant on appeal need not be reached. 452 Code Mass. Regs. § 1.15 (4)(3).