Decision  Philip E. Kelly v. Boston University

Date:	05/17/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 046140-05
Location:	Boston
Referenced Sources:	Christopher Lewin v. Danvers Butchery, Inc.

• Employee: Philip E. Kelly
• Employer: Boston University
• Self Insurer: Boston University

KOZIOL, J. The self-insurer appeals from a decision ordering it to pay the employee's § 30 claim for spinal surgery for cervical stenosis and myelopathy, which the judge found reasonable, necessary, and causally related to his October 24, 2005, work injury.¹  The self-insurer argues the judge erred by: 1) mischaracterizing and then adopting alleged opinions of the § 11A examiner; 2) adopting a medical opinion that did not address the components of G. L. c. 152, § 1(7A); and 3) relying on lay testimony to conclude the employee suffered from myelopathy. We recommit the case for further findings.

¹  "Although commonly used, the statutory support for the 'reasonable and necessary' standard is non-existent." Donovan v. Keyspan Energy Delivery, 22 Mass. Workers' Comp. Rep. 337, 337 n.1 (2008); Lewin v. Danvers Butchery, Inc., 13 Mass. Workers' Comp. Rep. 18, 19-20 n.1 (1999)(" '[a]dequate and reasonable' relates to the nature of the hospital or medical services" whereas " '[n]ecessary relates to the length of time an employee may be entitled to such health care services. It was added to the statute in 1948 when the duration of medical benefits was expanded to an indefinite period from what had earlier been limited to a few weeks").