No. 01744196 (1999). EMPLOYEE: Leo Paul Laliberte.
Case Date | May 25, 1999 |
Court | Massachusetts |
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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