| Date: | 12/19/2005 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 047621-02 |
| Location: | Boston |
- Employee: Sandra Perzanowski
- Employer: Mental Health Associates of Greater Springfield
- Insurer: Liberty Mutual Insurance Company
FABRICANT, J. The employee appeals from a decision denying her claim of a work-related injury sustained while travelling to her fixed place of employment, based on the "going and coming" rule that generally bars compensation under such circumstances. The employee argues that her claim falls within the "special trip" exception to that rule, most recently explored in Rouse v. Greater Lynn Mental Health, 16 Mass. Workers' Comp. Rep. 7 (2002), aff'd Mass. App. Ct., No. 02-J-48 (March 3, 2004)(single justice). The judge distinguished Rouse in his denial of benefits. Because we disagree with the basis of the judge's legal conclusion, and because the judge otherwise made insufficient subsidiary findings of fact to allow appropriate appellate review, we reverse the decision and recommit the case.