Decision  Marilyn Bland v. MCI Framingham

Date:	09/14/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 040132-05
Location:	Boston

• Employee: Marilyn Bland
• Employer: MCI Framingham
• Insurer: Commonwealth of Massachusetts

KOZIOL, J. The employee appeals from a decision denying her claim for § 35 partial incapacity benefits.¹ (Dec. III.) After review, we affirm the decision of the administrative judge.

¹ This is the third time this case has been to a hearing, resulting each time in an appeal to the reviewing board. The first decision was issued by a different administrative judge on December 28, 2007, hereinafter referred to as Dec. I. See Bland v. MCI Framingham, 23 Mass. Workers’ Comp. Rep. 283 (2009). The second decision filed on April 20, 2010, was issued by the same administrative judge who presided over the present hearing, hereinafter referred to as Dec. II. Bland v. MCI Framingham, 25 Mass. Workers’ Comp. Rep. 429 (2011), appeal docketed, No. 11-P-665 (Mass. App. Ct. Apr. 15, 2011). The judge issued the present decision on August 8, 2011, hereinafter referred to as Dec. III.