Decision  Linda Mariano v. Town of Needham

Date:	01/15/2019
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 002978-93
Location:	Boston

• Employee: Linda Mariano
• Employer: Town of Needham
• Self Insurer: Town of Needham

KOZIOL, J.  Pursuant to a corrected hearing decision,¹ filed November 10, 1998, the employee was awarded § 34 temporary total incapacity benefits through the exhaustion of those benefits on or about January 17, 1999, followed immediately thereafter, by continuing § 34A permanent and total incapacity benefits.²  (Dec. I.)  The self-insurer did not appeal that decision.  The self-insurer appeals the judge’s second hearing decision, filed December 29, 2017, denying and dismissing its complaint to discontinue the employee’s § 34A benefits. We affirm.

¹ In his cover letter accompanying the corrected hearing decision, the judge stated:

[t]here have been no changes made to any part of the [October 29, 1998] decision except for the orders.  I have added an order directing the [self-]insurer to pay ongoing § 34A benefits from the exhaustion of § 34 benefits which I inadvertently left out of the copy previously mailed.  I have also increased the attorney’s fee by $1000 due to the complex and difficult nature of this case.

These changes are made to reflect my findings made in the subsidiary and general findings which are not changed in this correction.

(Cover letter accompanying Corrected Hearing Decision, November 10, 1998.); Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n.3 (2002)(judicial notice taken of board file).