Decision  Robert F. Griffin v. MBTA - CORRECTED

Date:	05/05/2020
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 037920-13
Location:	Boston
Referenced Sources:	Robert Griffin v. MBTA

• Employee: Robert F. Griffin
• Employer: MBTA
• Self Insurer: MBTA

KOZIOL, J. This is the second time this case has been before the reviewing board. In 2017, we reviewed, on cross-appeals, a different judge’s November 4, 2016, hearing decision finding the employee sustained a work-related hearing loss on November 30, 2012.¹ At that time, we affirmed the judge’s order of payment of § 36 loss of function benefits in the amount of $26,343.73, and §§ 13 and 30 medical benefits for hearing aids and medical treatment for hearing loss in both ears. However, we vacated the judge’s denial and dismissal of the employee’s §§ 34 and 35 claims and referred the matter to the senior judge for re-assignment to a different judge² with instructions to conduct “a proper analysis of the debilitating effects of [the employee’s] injury and further findings of fact regarding his earning capacity.” Griffin v. M.B.T.A., 31 Mass. Workers’ Comp. Rep. 215, 215-216 (2017). We summarily affirmed the decision in all other respects. Id. at 219.

¹ Hereinafter, we refer to the November 4, 2016 hearing decision as “Dec. I” and the August 30, 2019, hearing decision as “Dec. II.” We also refer to the transcript from the May 12, 2016, hearing as “Tr. I” and the transcript from the July 24, 2018, hearing as “Tr. II.”

² The first judge no longer served as an administrative judge at the Department.