Decision  Lillian Ortiz-Sanchez v. Inter-Connection Technology

Date: 05/02/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 055172-98
Location: Boston
Referenced Sources: Deborah Fairfield v. Communities United
Christopher Candito v. Browning-Ferris Industries
  • Employee: Lillian Ortiz-Sanchez
  • Employer: Inter-Connection Technology
  • Self Insurer: Metrowest Health, Inc.

MAZE-ROTHSTEIN, J. We have the employee’s appeal from a decision denying her claim for workers’ compensation benefits for a chronic pain condition, as a result of fibromyalgia. The employee argues that the judge mischaracterized the § 11A physician’s causation opinion, and based his denial of benefits on that errant view of the medical evidence. We agree that the judge misconstrued the expert’s opinion and reverse the denial of benefits. See G. L. c. 152, § 11C. The employee also argues that the evidence does not support the work history findings. We agree with this assertion as well and recommit the case for an assessment of the employee’s earning capacity. See G. L. c. 152, § 11D.

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