| Date: | 11/30/2011 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 019846-02 |
| Location: | Boston |
- Employee: Stephen Maraia
- Employer: MBTA
- Self Insurer: MBTA
HORAN, J. The self-insurer appeals from a decision awarding the employee § 34A permanent and total incapacity benefits. It argues the judge erred by failing to address whether the employee’s condition had worsened after a prior hearing decision found him to be only partially incapacitated. See Foley’s Case, 358 Mass. 230, 232 (1970). It also claims there is no evidentiary basis for the date chosen to commence the employee’s entitlement to § 34A benefits, and that the judge misconstrued the medical evidence. We affirm the decision.