Date: | 04/11/2019 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board Number 035669-10 |
Location: | Boston |
- Employee: Yvonne Green
- Employer: Life Care Centers of America
- Insurer: Old Republic Insurance Company
CALLIOTTE, J. The insurer appeals from a decision finding the employee partially incapacitated from August 25, 2015, until November 25, 2015, and permanently and totally incapacitated thereafter. The insurer argues that the employee failed to prove her condition worsened after the prior hearing decision awarding her § 35 benefits, and that the administrative judge factored unaccepted medical conditions into her incapacity analysis. For the following reasons, we vacate the decision insofar as it awards the employee § 34A benefits beginning on November 25, 2015, and recommit the case for further findings.