|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 038597-98|
- Employee: Joseph A. McKenna, Jr.
- Employer: Pool & Spa Center
- Insurer: Eastern Casualty Insurance
MCCARTHY, J. The insurer appeals from a decision in which an administrative judge awarded weekly permanent and total incapacity benefits under G. L. c. 152, § 34A. The insurer argues that the § 11A medical opinion does not support the judge’s finding of permanent and total incapacity from January 8, 2002, the date of the employee’s exhaustion of § 34 temporary total incapacity benefits and that the earliest date that an award of § 34A benefits could be made is June 27, 2002, the date of the § 11A examination. It also argues that the judge failed to apply the provisions of § 1(7A)1to the employee’s claim and, thus, committed an error of law in finding that the employee’s cervical disc herniation was causally related to his work-related low back injury or its sequellae. We disagree on both counts and affirm the decision.