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Decision Quisquella Castillo v. MBTA

Date: 12/30/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 005494-08
Location: Boston
  • Employee: Quisquella Castillo
  • Employer: MBTA
  • Self Insurer: MBTA

COSTIGAN, J. The employee appeals from a decision awarding her only two weeks of § 34 total incapacity benefits for an emotional injury caused by a verbal assault at work. The employee argues that neither the lay testimony nor the medical evidence supported the judge's finding she could return to work on February 14 or 15, 2008. See footnote 7, infra. We agree, reverse the judge's finding terminating the employee's benefits on that date, and order the self-insurer to pay additional § 34 benefits from February 14, 2008 to April 3, 2008, the date on which the medical evidence established she was able to return to work.

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