| Date: | 02/17/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 000318-96, 000319-96, 000320-96, 000321-96, 000322-96, 000323-96 |
| Location: | Boston |
- Employee: Robert Simcik
- Employer: MBTA
- Self Insurer: MBTA
MCCARTHY, J. The parties cross-appeal from a decision in which an administrative judge awarded the employee partial incapacity benefits for a fibromyalgia condition. The employee alleged that the disease was causally related to a series of traumas sustained in 1982–1985 while working for the M.B.T.A., a self-insurer. Robert Simcik argues on appeal that the hearing judge erred in setting the amount of weekly benefits, as well as the date for their commencement. We summarily affirm the decision as to the employee’s appeal on these issues. The self-insurer on appeal contends that the judge erred by adopting medical opinions of the employee’s expert physician and the § 11A examiner, causally connecting the fibromyalgia to Simcik’s work. The self-insurer claims that the judge ignored factual discrepancies between the employee’s testimony at hearing, and the history which he narrated to the doctors. The self-insurer argues that because of these discrepancies the medical opinions were not competent evidence on which to base an award of benefits, as a matter of law. For the reasons that follow, we recommit the case for the judge to clarify her handling and interpretation of the medical evidence. We otherwise agree with the self-insurer that the judge’s application of G.L. c. 152, §§ 35F and 35B was contrary to law. We reverse the decision as to those issues.