| Date: | 11/20/2025 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No.: 021846-19 |
| Location: | BOSTON, MA |
- Employee: Ronnie Siebenhaar
- Employer: MCICSMX M.C.I. Shirley - Maximum
- Self Insurer: Commonwealth of Massachusetts
KOZIOL, J. This case concerns the self-insurer’s appeal from a hearing decision ordering it to pay the employee’s claim for post lump sum settlement medical treatment; specifically, cervical spine surgery and physical therapy. The self-insurer argues the judge committed four errors in ordering the treatment claimed. The first three concern the judge’s alleged impermissible expansion of the language of the lump sum settlement agreement, initially by finding the self-insurer liable for two additional diagnoses not accepted in the settlement, and then by ordering surgery on an additional body part not mentioned in the lump sum settlement agreement. (Self-ins. br. 5-11.) The self-insurer alleges the judge committed a fourth error in ordering physical therapy for the employee’s cervical spine without adopting a medical opinion supporting that order. (Self-ins. br. 11-12.) We find merit in two of the self-insurer's arguments, requiring us to vacate the decision and recommit the matter for further findings of fact and rulings of law regarding both the surgery, and physical therapy for the employee’s cervical spine.