| Date: | 06/07/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 014320-98 |
| Location: | Boston |
- Employee: Russell Steeves
- Employer: Star Market Co.
- Self Insurer: Star Market Co.
CARROLL, J. The self-insurer appeals the decision of an administrative judge in which the employee was awarded § 34A permanent and total incapacity benefits, payment of reasonable and necessary medical treatment and attorney’s fees. It contends that the hearing judge was without the authority to award § 34A benefits. We agree. Additionally, the self-insurer contends that it was improper for the judge to consider the employee’s unrelated pre-existing heart condition in finding total incapacity. Again, we agree. After appellate review, we recommit the case for further findings consistent with this decision.