Date: | 01/24/2012 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 037366-05 |
Location: | Boston |
- Employee: Juan Alicea
- Employer: John B. Cruz Construction
- Insurer: American Home Insurance Company
FABRICANT, J. The insurer appeals from a decision awarding the employee §§ 34 and 34A benefits for both physical and emotional injuries, related to events on November 5 and 14, 2005. We agree with the insurer that the judge’s findings on the claimed physical injury cannot stand due to the absence of support in the medical evidence. We affirm the findings of an emotional injury and the attendant award of ongoing total incapacity benefits. We recommit the case for the judge to reassess his award of an enhanced attorney’s fee.