Decision  Kenneth F. Bergstom v. Wyman-Gordon Company

Date:	05/28/2025
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No.: 017706-18
Location:	BOSTON, MA

• Employee: Kenneth F. Bergstrom
• Employer: Wyman-Gordon Company
• Insurer: ACE American Insurance Company

FABISZEWSKI, J. The insurer appeals from the administrative judge’s decision awarding the employee a period of § 34 temporary total incapacity benefits followed by § 34A permanent and total incapacity benefits and medical benefits pursuant to §§ 13 and 30.¹ On appeal, the insurer raises six arguments, four of which we summarily affirm. Because we find merit in two of the insurer’s arguments related to the judge’s failure to address the insurer’s defense pursuant to § 35E and the commencement date ordered for the award of § 34A benefits, we vacate the administrative judge’s decision and recommit the case for further findings of fact and rulings of law consistent with this decision.

¹ The administrative judge ordered the insurer to pay § 34 temporary total incapacity benefits in the amount of $906.03 per week from January 1, 2020, to June 27, 2021, followed by § 34A permanent and total incapacity benefits in the amount of $1,006.70 per week from June 28, 2021, to date and continuing, plus medical expenses pursuant to §§ 13 and 30. (Dec. 24.)