Date: | 09/12/2018 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 020288-15 |
Location: | Boston |
- Employee: Paul Brouillette
- Employer: Safelite Auto Glass
- Insurer: Ace American Ins. Co.
KOZIOL, J. The parties cross-appeal from a decision ordering the insurer to pay the employee § 34 temporary total incapacity and § 30 medical benefits from the date of injury, August 5, 201[5],1 to July 19, 2017, the day before the § 11A examination, and discontinuing payment of all incapacity and medical benefits after July 19, 2017. (Dec. 14.) We summarily affirm the decision regarding the issues raised by the employee on appeal. We agree in part with the insurer that, in light of the facts found by the judge, the order terminating payment of § 34 benefits on July 20, 2017, was arbitrary and capricious and cannot stand. However, the decision does not contain sufficient findings of fact for us to grant the relief requested by the insurer: issuance of an order discontinuing “benefits on November 10, 2016, the date the [insurer’s] complaint was filed.” (Ins. br. 11-12.) Accordingly we vacate the judge’s order and recommit the matter for further findings of fact.