| Date: | 02/11/2004 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Number 001720-01 |
| Location: | Boston |
| Referenced Sources: |
Theresa M. Armstrong v. Trust Ins. Co. James Allen, Jr. v. Luciano Refrigeration Kimberly Wright v. Energy Options, et al Frank Cordi v. American Saw & Manufacturing Co. Susan A. Reynolds v. Kay Bee Toys Timothy Frager v. MBTA John A. Taylor v. USF Logistics, Inc. John Saccone v. Dept. of Public Health John J. Keefe v. MBTA Janice Silverman v. Dept. of Transitional Assistance |
- Employee: Sean O'Sullivan
- Employer: Certainteed Corp.
- Insurer: Ace American Insurance Company
CARROLL, J. The insurer appeals from an administrative judge's decision awarding the employee ongoing § 34 temporary total incapacity benefits, making a number of related arguments challenging the judge's subsidiary findings. We find no merit in the insurer's argument that the judge made insufficient findings to support his conclusion that an injury occurred at work, and summarily affirm the decision as to that issue. However, we agree that the judge's subsidiary findings do not support his conclusion that the employee is totally incapacitated since the judge failed to adopt any of the many medical opinions in evidence. We also agree that the judge failed to perform an adequate vocational analysis, and that he mischaracterized, in part, the opinion of the impartial physician. We therefore recommit the case for further findings on incapacity, as well as for an appropriate vocational analysis and reconsideration of the impartial physician's actual testimony.