Decision Thomas R. Beuth v. Buxton School, Inc.

Date: 10/26/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 029117-02
Location: Boston
  • 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.



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1Because the named insurer, Legion Insurance Co., is in bankruptcy, the defense of the claim was undertaken by the Massachusetts Insurers Insolvency Fund.