Decision  Rufus Darby v. City of Boston

Date: 09/25/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 033161-00
Location: Boston
  • Employee: Rufus Darby
  • Employer: City of Boston
  • Self Insurer: City of Boston

WILSON, J. The self-insurer appeals an administrative judge’s decision ordering that it pay for cervical surgery recommended by the employee’s treating physician, as well as ongoing weekly § 34 temporary total incapacity benefits. The self-insurer argues that the prima facie medical evidence neither causally relates all the underlying conditions for which surgery was authorized to the industrial accident, nor supports a finding of ongoing total incapacity. We agree and, therefore, vacate the decision and recommit the case for further findings based on the medical evidence.

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