No. 00124596 (1999). EMPLOYEE: Kimberly Bowden.

Case DateJanuary 25, 1999
CourtMassachusetts
Massachusetts Workers Compensation 1999. No. 00124596 (1999). EMPLOYEE: Kimberly Bowden COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Kimberly Bowden EMPLOYER: Roland Kelly, Inc. INSURER: Eastern Casualty Insurance Co.BOARD NO. 00124596REVIEWING BOARD DECISION (Judges Wilson, McCarthy and Smith)APPEARANCES Richard H. Schwartz, Esq., for the employee Peter Bancroft, Esq., for the insurer at hearing James E. Rame, Esq., for the insurer on brief WILSON, J. The insurer appeals from the decision of an administrative judge, who awarded ongoing § 34 weekly benefits for total, temporary incapacity caused by a January 18, 1996 industrial injury to the employee's lower back and coccyx. Because the decision lacks necessary findings, we recommit the case. Kimberly Bowden was twenty-six years old at the time of hearing. A high school graduate, she completed one year of college toward an associates' degree in the executive secretarial field. In June 1990, she started work as a cashier/receptionist for Roland Kelly, Inc., an automobile dealership. She subsequently advanced to the cellular phone department and later became a warranty administrator. (Dec. 4.) It was while working in this last capacity that the employee suffered the industrial injury. On January 18, 1996, the employee's heel caught in the threads of a staircase carpet, causing her to fall down five or six steps and land on her buttocks and lower back. The fall was witnessed by several employees. The employee was five months pregnant at the time. Following her accident, the employee worked for a few days until her back pain increased. She also experienced coccyx pain within a week of her fall. (Dec. 5.) After giving birth in May 1996, she began treating for her pain symptoms with Dr. Mager, a chiropractor. That treatment ended in July 1997, when it was no longer authorized by the insurer because it exceeded the utilization review guidelines. See G.L. c. 152, § 13(3), and 452 C.M.R. § 6.06. She also treated with Dr. Dumas, starting in June 1997, and began a course of aquatic therapy through Dr. Burns. (Dec. 5.) The insurer paid § 34 weekly benefits for total, temporary incapacity on a without prejudice basis from February 1, 1996 through June 27, 1996. (Insurer brief 1.) Thereafter, the employee filed a claim for additional weekly benefits, which the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT