No. 01624895 (1999). EMPLOYEE: James Moskovis.

• Case Date: September 17, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 01624895 (1999). EMPLOYEE: James Moskovis COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: James Moskovis EMPLOYER: Polaroid Corporation INSURER: Polaroid CorporationBOARD NO. 01624895REVIEWING BOARD DECISION (Judges Smith, Wilson and McCarthy)APPEARANCES Mark H. Likoff, Esq., for the employee at hearing Arthur G. Zack, Esq., for the employee on appeal David L. Cronin, Esq., for the self-insurer at hearing Timothy F. Nevils, Esq., for the self-insurer on appeal SMITH, J. The employee appeals the decision of an administrative judge denying and dismissing his claim for further weekly compensation benefits, but ordering reasonable, necessary and causally related medical, hospital and psychological services. The employee argues that the judge's decision adopting the opinion of the impartial examiner, a neurologist, over that of the employee's examining neuropsychologist was arbitrary and capricious. We disagree, and therefore affirm the decision. James Moskovis was a 46 year-old high school graduate with three semesters of college at the time of the hearing. (Dec. 3.) In 1978, he began working for the employer, first as a laborer, and later as a security guard, a materials handler, and a machinist. In 1995, he became senior materials coordinator, a job that required him to monitor and prioritize the delivery of materials to and from the employer's warehouse. He helped unload trucks, lifting up to fifty pounds regularly, and also performed some work on the computer and handled paperwork involved with deliveries and shipping. (Dec. 4.) On Friday, April 28, 1995, Moskovis was pulling a materials cart out of a freight elevator when the overhead gate on the elevator came down and struck him on the back of the head. (Dec. 4.) Dazed and shaken, he nevertheless finished his day's work, and then went to the employer's medical clinic. (Dec. 4-5.) He returned to work on Monday, May 1, but began experiencing pain in his neck, head and jaw and had to leave after a few hours. He sought medical treatment from his primary care physician, an orthopedic surgeon and a neurologist. He was out of work for four months, until September 1, 1995, when he returned to work for the employer, initially part-time and eventually full-time. (Dec. 5.) The employee filed a claim for weekly incapacity benefits. Following a § 10A conference, the self-insurer was ordered to pay a closed period of compensation, ending October 31, 1995. Neither party appealed that order. (Dec. 1.) On February 29, 1996, the employee filed the pending claim for further compensation. On December 18, 1996, after conference, the self-insurer was ordered to pay § 35 benefits based on the employee's actual earnings from December 14, 1995 until November 10, 1996 when he left work, and $200 per week thereafter. Both parties appealed to a hearing de novo. (Dec. 1.) At hearing, Moskovis claimed § 35 benefits from November 1, 1995 until November 10, 1996; § 34 benefits from November 11, 1996 until October 27, 1997; and ongoing § 35 benefits. (Dec. 2.) Pursuant to G.L. c. 152, § 11A(2), Moskovis underwent an impartial medical examination. The report of an impartial physician, Dr. Locke, was admitted into evidence. The judge found the case to be medically complex and allowed the parties to submit additional medical evidence. (Dec. 2.) After hearing, the judge made the following factual findings: After his return to work in September 1995, Moskovis worked for over a year, until November 10, 1996. For much of this time, he was in charge of operations at the automatic warehouse on the night shift, working essentially as a production supervisor, performing lighter work than he had done prior to his injury. (Dec. 5.) During this period between September 1995 and November 1996...