Decision  Kenneth Armstrong v. Starlight Express

Date:	02/15/2007
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 047668-01, 000381-00
Location:	Boston

• Employee: Kenneth Armstrong
• Employer: Starlight Express
• Insurer: Travelers Insurance Co., Eastern Casualty Insurance Co.

FABRICANT, J. The employee prevailed against Travelers Insurance Company (the insurer) in his original liability claim for workers’ compensation benefits for a November 21, 2001 back injury.¹ He has brought the present appeal to challenge the administrative judge’s assignment of a $160 weekly earning capacity, and to obtain clarification as to the insurer’s responsibility to pay for a medical consultation pursuant to the provisions of §§ 13 and 30. We summarily affirm the judge’s assignment of the earning capacity. The decision regarding the disputed medical consultation is also affirmed with clarification for the following reasons.

¹  The judge found no liability on the part of Eastern Casualty, the insurer for an earlier work incident, for benefits the employee was claiming from and after November 24, 2001.