Decision  Lawrence Oliver v. Varion Ion Implant System

Date:	11/14/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 041587-97
Location:	Boston

• Employee: Lawrence Oliver
• Employer: Varion Ion Implant System
• Self Insurer: Varion Associates, Inc.

HORAN, J. The self-insurer appeals, arguing that the judge failed to address the sole issue at hearing; to wit, its liability for payment of the employee’s ongoing use of narcotic medication to treat his work-related low back pain.¹ Because we, and the employee, agree with the self-insurer, we vacate the decision and recommit the case.²

¹ General Laws c. 152, § 30 , provides, in pertinent part:

The insurer shall furnish to an injured employee adequate and reasonable health care services, and medicines if needed, together with the expenses necessarily incidental to such services. . . .

² On October 31, 2011, the parties filed a joint motion for recommittal, citing Wiswell v. Massachusetts Institute of Tech., 24 Mass. Workers’ Comp. Rep. 233, 235 (2011) (“Equivocal musings are no substitute for definitive findings”). “Not wanting to stand in the way of such a meeting of the minds, we add our voice to the consensus for recommittal.” Beverly v. M.B.T.A., 17 Mass. Workers’ Comp. Rep. 621, 622 (2003).