Decision

Decision  Timothy Spangler v. Mello Construction

Date: 06/28/1999
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 019094-96
Location: Boston
  • Employee: Timothy Spangler
  • Employer: Mello Construction
  • Insurer: Great American Insurance

MCCARTHY, J. The employee, Timothy Spangler, had worked in the construction trades his entire adult life as a carpenter, roofer, sider and mason. At the time of the hearing, he was 37 years old and had three dependent children. On September 4, 1991, he injured his back while working for Care Free Homes, Inc. He had surgery, followed by rehabilitation and physical therapy, and returned to work as a carpenter for a different employer in 1992. (Dec. 3.) On February 12, 1993, he settled his claim for this back injury by way of a lump sum agreement. This agreement was made and approved under the provisions of § 48 prior to the establishment of liability by acceptance or by decision, so the lump sum agreement redeemed the insurer’s obligation for the payment of future medical expenses and vocational rehabilitation benefits as well as weekly benefits. (Dec. 7.)

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