| Date: | 09/22/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 045699-89 |
| Location: | Boston |
- Employee: Kenneth L. Hays
- Employer: North Shore Association of Retarded Citizens
- Insurer: Fidelity & Casualty Insurance Co.
MCCARTHY, J. Kenneth Hays, now fifty-five years of age, injured his back at work on August 16, 1989. The case was accepted and §34 benefits were paid to exhaustion. Thereafter, Mr. Hays was awarded §34A benefits. Empowered by G.L. c. 152 §8(2)(j), the insurer stopped paying weekly benefits for about six months while Hays was incarcerated. Benefits under §34A were resumed after his release and the insurer then filed a discontinuance complaint. The complaint was denied at conference and then went to a full evidentiary hearing. We have the case on appeal by the insurer from a decision denying the complaint to terminate weekly benefits.