Date: | 07/22/1999 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 027047-92 |
Location: | Boston |
- Employee: Rose Stone
- Employer: Belchertown State School
- Self Insurer: Commonwealth of Massachusetts
SMITH, J. The employee appeals a decision denying her claim for § 34A permanent and total incapacity benefits and awarding her § 35 temporary partial incapacity benefits. Because the decision is based upon a factual finding that has no support in the record, we agree with the employee that it is arbitrary and capricious. We reverse the finding that the employee admitted that she had not looked for work, (Dec. 19), and recommit the case for further findings of fact on the extent of her incapacity.