No. 01744196 (1999). EMPLOYEE: Leo Paul Laliberte.

Case DateMay 25, 1999
CourtMassachusetts
Massachusetts Workers Compensation 1999. No. 01744196 (1999). EMPLOYEE: Leo Paul Laliberte COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Leo Paul Laliberte EMPLOYER: Mass. Temps, Inc. INSURER: American PolicyholdersBOARD NO. 01744196REVIEWING BOARD DECISION (Judges Maze-Rothstein, Carroll and Levine)APPEARANCES Michael A. Torrisi, Esq., and Paul M. Moretti, Esq., for the employee Donald E. Hamill, Esq., for the insurer MAZE-ROTHSTEIN, J. On April 26, 1996, while working as a trash collector, Leo Paul LaLiberte emptied a couple of oil-laden barrels into the "hopper" of his truck. (Dec. 4; May 14, 1997 Tr. 11.) Some of the oil got on his boots. Id. The truck proceeded to the next stop at about twenty-five miles per hour. Id. The employee stood on the outside of the truck in his usual position. Id. The truck hit a bump causing Mr. LaLiberte to slip off and strike his elbow on the pavement. Id. His neck, back and right elbow were x-rayed at a hospital emergency room. (Dec. 5.) When injured, Mr. LaLiberte was thirty-nine years old. (Dec. 4.) His prior work life included: commercial fishing, laborer work, painting, carpentry, sheet rocking and yard work. Id. The 1996 injury was not accepted by the insurer and became the subject of a disputed claim for G.L. c. 152, § 34, weekly temporary total incapacity and medical benefits. A § 10A conference resulted in an award of weekly benefits for a closed period. The employee's appeal of that order gave rise to a hearing de novo. The hearing decision awarded him a closed period of § 34 weekly temporary total incapacity benefits followed by a closed period of § 35 weekly temporary partial incapacity payments. We have the employee's appeal from that decision. Finding merit in his argument that the termination date for § 35 benefits lacks evidentiary support, we reverse the § 35 termination date and affirm the remainder of the decision. After the 1996 injury, the employee treated conservatively. (Dec. 5-6.) An orthopedic surgeon prescribed narcotic medications and injected the employee with cortisone. Id. He also had an MRI, physical therapy and other medications. Id. An orthopedic surgeon and a psychiatrist evaluated Mr. Laliberte for the insurer. Id. See G. L. c. 152, § 45. Pursuant to G. L. c. 152, § 11A, an orthopedic doctor examined the employee. That...

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