|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 029117-02|
- Employee: Thomas R. Beuth
- Employer: Buxton School, Inc.
- Insurer: Legion Insurance Company (by Guaranty Fund Management Services)
McCARTHY, J. Thomas R. Beuth, a sous chef at Buxton School in Williamstown, Massachusetts, filed a claim seeking weekly incapacity benefits as a result of a slip and fall at work on January 7, 2002. The insurer1 denied the claim and the matter came on for a § 10A conference before an administrative judge. Following the conference, the judge issued an order directing the insurer to pay temporary total incapacity benefits under § 34 at the rate of $349.66, based on an average weekly wage of $582.76, from July 1, 2002 and continuing, together with medical benefits under § 30. The insurer appealed this order and Dr. Armand Aliotta, a board-certified neurologist, was appointed as the § 11A impartial medical examiner. Dr. Aliotta examined the employee and issued a report dated May 12, 2003.