Decision  Mary A. Georgian v. Windham Group

Date:	06/28/2016
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 002774-12
Location:	Boston

• Employee: Mary A. Georgian
• Employer: Winham Group
• Insurer: Peerless Indemnity Insurance Co.

FABRICANT, J. The parties cross-appeal from a decision awarding the employee §§ 13 and 30 medical benefits, a closed period of § 34 total disability benefits, and ongoing § 35 partial disability benefits. The insurer raises two issues on appeal, arguing error in an order of indemnity benefits without proof of a causally related incapacity, and the judge’s failure to perform an adequate § 1(7A) analysis regarding the employee’s anxiety condition. The employee raises two issues, arguing error in reducing the § 34 weekly total incapacity benefits to § 35 partial incapacity benefits as of March 14, 2014, and in finding that treatment for lumbar, cervical and myofascial pain was not reasonable or necessary after that date.¹ We find the employee has failed to prove any causally related anxiety condition, and we reverse the award of medical treatment for all claimed anxiety treatment. However, the judge’s findings on the remaining issues fail to allow a proper appellate review, and therefore require recommittal.

¹ The employee also initially claimed benefits for an ankle injury sustained subsequent to the January 25, 2012 motor vehicle accident. (Dec. 3, Tr. 4.) However, the judge did not find the ankle injury to be causally related, and the employee did not appeal this issue. (Dec. 13, and Employee’s brief.)