| Date: | 05/06/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 023113-93 |
| Location: | Boston |
- Employee: Rebecca Skalski
- Employer: Phoenix Home Life
- Insurer: Aetna Life and Casualty
LEVINE, J. The employee and the insurer both appeal the decision of an administrative judge affirming a prior hearing decision, which awarded G. L. c. 152, § 34, weekly temporary total incapacity benefits, but which denied the employee’s new claim for § 34A permanent and total incapacity benefits. The employee’s contentions include that the judge’s finding of no ongoing causal relationship between her industrial injury and present incapacity is arbitrary and capricious and contrary to law. The insurer argues that the judge erred in failing to allow the insurer’s complaint to discontinue benefits as of the date of the § 11A impartial examination. We summarily affirm the judge’s decision as it pertains to the employee's appeal, but we reverse the decision with respect to the date of termination of § 34 benefits.