Decision  Pearlie Richardson v. Chapin Center Genesis Health

Date:	07/21/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 039203-05
Location:	Boston

• Employee: Pearlie Richardson
• Employer: Chapin Center Genesis Health
• Insurer: American Zurich Insurance Co.

HORAN, J. The employee appeals from a decision awarding her a closed period of total incapacity benefits, raising issues relating to the judge's handling of her two post hearing motions. Because we cannot perform our appellate function without the benefit of a complete record and appropriate findings addressing the issues raised by the motions, we are compelled to recommit the case for reconstruction of the record, and for further findings of fact.¹ See, e.g., Nye v. Shaw's Supermarkets, Inc., 11 Mass. Workers' Comp. Rep. 221 (1997); Moronta v. Phillips Academy, 11 Mass. Workers' Comp. Rep. 318 (1997); Kelley v. Bethlehem Steel Corp., 11 Mass. Workers' Comp. Rep. 462 (1997).

¹ In their briefs, and at oral argument, counsel for the employee and insurer were unable to agree concerning exactly what transpired at the "off the record" hearing on the motions. Because there are material differences in their recollections, recommittal is necessary. Cajigas v. United Cape Cod Cranberry Co., 2 Mass. Workers' Comp. Rep. 196, 198 (1988).