Decision  Michael J. Sullivan v. Transmission Structures Ltd.

Date:	02/08/2000
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 088117-84
Location:	Boston

• Employee: Michael J. Sullivan
• Employer: Transmission Structures Ltd.
• Insurer: Continental Casualty Insurance Co.

WILSON, J. The insurer appeals a decision in which an administrative judge awarded the employee closed periods of §§34 and 35 weekly benefits for an October 1994 "subsequent injury" under the provisions of §35B. The insurer contends that the employee was not entitled to compensation, as he had reached his statutory maximum amount of payments under the law in effect at the time of his original December 27, 1984 industrial injury. We see no error of law with regard to further compensation and affirm the decision in accordance with Barbaro v. Smith & Wesson, 9 Mass. Workers’ Comp. Rep. 652 (1995), and Don Francisco’s Case, 14 Mass. App. Ct. 456 (1982), with the exception of one point conceded by the employee regarding the correct percentage rate.¹

¹ We summarily affirm the decision insofar as the insurer disputes both the judge’s allowance of the employee’s motion to join the §35B claim and the judge’s rejection of a second injury and application of the successive insurer rule.