| Date: | 03/22/2005 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 035067-96, 027406-02 |
| Location: | Boston |
- Employee: Sandra Kautz
- Employer: Sloane & Walsh
- Insurer: Travelers Insurance Co., Hartford Insurance Co.
COSTIGAN, J. Travelers Insurance Company (Travelers), the first insurer in this successive insurer case, appeals from an administrative judge's decision denying its complaint to modify or terminate payment of weekly § 35 partial incapacity benefits, and ordering it to pay for the employee's continuing medical treatment, including Botox injections. Travelers mounts three challenges to the decision. First, it argues that because the § 11A impartial medical report failed to address several key medical issues, the judge erred in denying its motion to declare the report inadequate. Second, Travelers maintains that Hartford Insurance Company (Hartford), which came on the risk several years after the employee's 1996 accepted upper extremities injury, was liable for any ongoing medical benefits due the employee, because she had suffered a new, cumulative injury while working a modified job. Third, Travelers contends that the award of continuing Botox treatments was error because they were no longer beneficial to the employee, and therefore were neither reasonable nor necessary, under §§ 13 and 30 of c. 152. Finding no merit in any of these arguments, we affirm the decision.