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Decision Stephen Wiswell v. Massachusetts Institute of Technology

Date: 09/28/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 025033-03
Location: Boston
  • Employee: Stephen Wiswell
  • Employer: Massachusetts Institute of Technology
  • Self Insurer: Massachusetts Institute of Technology

COSTIGAN, J. The self-insurer appeals from an administrative judge's decision awarding the employee § 34A permanent and total incapacity benefits and medical benefits for treatment of his work-related Lyme disease. The self-insurer contends the judge's findings are internally inconsistent, and therefore the decision in its entirety cannot stand. We disagree in part, and summarily affirm the judge's award of § 34A benefits.1 We agree, however, that the judge made insufficient subsidiary findings of fact to support his conclusion that intravenous (IV) antibiotic treatments are adequate and reasonable under §§ 13 and 30. Therefore, we recommit the case for further findings addressing these issues.

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1 It was " 'within the province of the [administrative judge] to accept the medical testimony of one expert and to discount that of another.' Fitzgibbons's Case, 374 Mass. 633, 636 (1978)." Coggin v. Massachusetts Parole Bd., 42 Mass. App. Ct. 584, 589 (1997). Seefootnote 3, infra.