Decision Kenneth B. Valler v. K. Trucking & Sons, Inc.

Date: 10/19/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 039231-98
Location: Boston
  • Employee: Kenneth B. Valler
  • Employer: K. Trucking & Sons, Inc.
  • Insurer: Eastern Casualty Insurance Company

CARROLL, J. The insurer appeals from a decision in which an administrative judge concluded that the employee was entitled to permanent and total incapacity benefits as of October 9, 2000, a date the insurer claims to be without evidentiary significance. See Carter v. Shaughnessy Kaplan Rehab Hosp., 9 Mass. Workers' Comp. Rep. 437, 447-448 (1995). We agree. However, since the adopted medical evidence supports the award of § 34A benefits as of the exhaustion of § 34 temporary total incapacity benefits on January 8, 2002, recommittal is unnecessary. See Roney's Case, 316 Mass. 732, 739 (1944). We reverse the decision in part and order that § 34A benefits commence as of January 8, 2002.

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