| Date: | 12/29/2020 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 020513-17 |
| Location: | Boston, MA |
- Employee: Patricia Jussaume
- Employer: City of Lowell
- Self Insurer: City of Lowell
CALLIOTTE, J. Both parties appeal from a decision awarding the employee § 35 weekly partial incapacity benefits, as well as §§ 13 and 30 medical benefits, beginning on her last day of work, June 30, 2017, for damage to her vocal cords arising out of and in the course of her employment as a music teacher. The employee maintains that the judge erred by failing to award medical benefits beginning in the summer of 2010, when her problems with her vocal cords began at a work-related singing camp. We find no merit to this argument. The self-insurer argues that the judge erred by finding the employee provided adequate notice of her injury, and by excusing such failure of notice by finding that the employer/self-insurer had knowledge of the injury and was not prejudiced by any late notice. Although we agree that some of the judge’s findings regarding the employer’s knowledge of the employee’s injury were misdirected and contrary to law, they were harmless error under the circumstances. Therefore, we affirm the decision.