| Date: | 05/31/2019 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 002618-11, 028974-11 |
| Location: | Boston |
- Employee: Patricia Vaillancourt
- Employer: Templeton Developmental Center
- Self Insurer: Commonwealth of Massachusetts
CALLIOTTE, J. The self-insurer appeals from a decision ordering it to pay § 34A permanent and total incapacity benefits for physical injuries and their psychiatric sequelae. The self-insurer argues that the judge’s incapacity determination was arbitrary and capricious because it failed to take into account the minimal § 36 loss of function benefits awarded at conference, which, the self-insurer maintains, do not support a finding of permanent and total incapacity. In addition, the self-insurer argues that the judge failed to consider the § 11A physician’s testimony as a whole. We disagree and affirm the decision.