No. 00124596 (1999). EMPLOYEE: Kimberly Bowden.
Case Date | January 25, 1999 |
Court | Massachusetts |
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...
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