Decision  Sharon Fortier v. Ambulance Systems of America

Date:	12/21/1999
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 049789-95
Location:	Boston

• Employee: Sharon Fortier
• Employer: Ambulance Systems of America
• Insurer: Liberty Mutual Ins. Co.

MCCARTHY, J. Sharon Fortier is thirty-four years of age and a resident of New Bedford, MA. She had back surgery in 1991 as a result of an earlier industrial injury.¹ In December 1993, Ms. Fortier was hired as an emergency medical technician (EMT) by Ambulance Systems of America (ASA). On December 6, 1995, she suffered a low-back injury arising out of and in the course of her employment. The insurer accepted the case and paid weekly temporary total incapacity benefits based on an agreed average weekly wage of $402.71. Later, Liberty Mutual filed a complaint to terminate or modify weekly benefits. Following a conference the administrative judge denied the complaint. The insurer’s appeal brought the complaint back to the same judge for a full evidentiary hearing. Testimony was taken from Ms. Fortier and Christopher J. Blach, Regional Manager for ASA. An impartial examination was conducted under §11A by Dr. Peter Pizzarello on January 30, 1997.

¹ There are no findings in the decision about this prior industrial injury. However, the employee testified about it and it is described in the insurer’s brief. (Insurer brief 4.)