Decision  Thomas Welenc v. Verizon New England, Inc.

Date:	05/29/2020
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 024590-16
Location:	Boston

• Employee: Thomas Welenc
• Employer: Verizon New England, Inc
• Insurer: New Hampshire Insurance Co.

KOZIOL, J. The insurer appeals from a hearing decision ordering it to pay the employee § 34 benefits from August 14, 2017, to date and continuing, as well as §§ 13 and 30 medical benefits “for the care and treatment of the Employee’s right knee, including surgery and rehab as directed by his physician,” as a result of a September 13, 2016, work-related injury.¹ (Dec. 12.) We discuss four of the five issues raised by the insurer on appeal, one of which resulted in the insurer being denied due process of law. Accordingly, we vacate the decision and recommit the matter for a de novo hearing.

¹ The transcript states that August 14, 2017, was the date from which benefits were awarded in the judge’s conference order, and that the insurer was the only party to appeal that determination. In addition, the judge stated, without objection, that prior to that date, the employee was paid “long-term disability, short-term disability and he’s not going to get paid twice for the disability period.” (Tr. 6-7.)