| Date: | 03/11/2003 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 054232-96, 056323-98 |
| Location: | Boston |
| Referenced Sources: |
Candice Lockheart v. Wakefield Engineering Kurt Scholl v. Fixture Perfect Eleni Vantsouris v. N. E. Baptist Hospital |
- Employee: Mary Shade Miranda
- Employer: Mary Shade Miranda v. Olympus Healthcare Group, Inc. and Life Care Center of West Bridgewater
- Insurer: Wausau Insurance Company and Insurance Company of the State of Pennsylvania
COSTIGAN, J. The employee and the second insurer in this successive insurer case cross-appeal from an administrative judge’s decision awarding a closed period of § 34 total incapacity benefits and ongoing § 35 partial incapacity benefits for a 1998 aggravation injury. The employee claims she remains totally incapacitated and entitled to § 34 benefits. We agree that the administrative judge’s subsidiary findings of fact on the extent of incapacity and the assigned earning capacity are lacking, and recommit the case as a result. The second insurer argues that the judge erred in finding a new injury for which it was liable. We disagree, and summarily affirm the decision with respect to that liability issue.