Decision  Richard Kenney v. Pembroke Hospital

Date:	02/28/2018
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 013131-15
Location:	Boston

• Employee: Richard Kenney
• Employer: Pembroke Hospital
• Insurer: Insurance Company State of PA

FABRICANT, J.  The insurer appeals from a decision awarding the employee weekly benefits pursuant to § 34, from November 10, 2015 to date and continuing.  Because the decision fails to list, or otherwise indicate consideration of the insurer’s medical evidence, we vacate the decision and recommit the case to the administrative judge.² The employee was a 66-year-old mental health associate caring for psychiatric patients on the date of injury, May 24, 2015.  On that date, he was attacked by a patient and sustained trauma to the back of his head and neck, as well as to his left ear.  (Dec. 4.)  

¹  Judge Harpin was recused from this case and did not take part in deliberations. 

2  Therefore, we do not reach the other issues raised by the insurer.