No. 01909496 (1999). EMPLOYEE: Timothy Spangler.

• Case Date: June 28, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 01909496 (1999). EMPLOYEE: Timothy Spangler COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Timothy Spangler EMPLOYER: Mello Construction INSURER: Great American InsuranceBOARD NO. 01909496REVIEWING BOARD DECISION (Judges McCarthy, Wilson and Smith)APPEARANCES John P. LeGrand, Esq., for the employee Peter P. Harney, Esq., for the insurer MCCARTHY, J. The employee, Timothy Spangler, had worked in the construction trades his entire adult life as a carpenter, roofer, sider and mason. At the time of the hearing, he was 37 years old and had three dependent children. On September 4, 1991, he injured his back while working for Care Free Homes, Inc. He had surgery, followed by rehabilitation and physical therapy, and returned to work as a carpenter for a different employer in 1992. (Dec. 3.) On February 12, 1993, he settled his claim for this back injury by way of a lump sum agreement. This agreement was made and approved under the provisions of § 48 prior to the establishment of liability by acceptance or by decision, so the lump sum agreement redeemed the insurer's obligation for the payment of future medical expenses and vocational rehabilitation benefits as well as weekly benefits. (Dec. 7.) Mr. Spangler continued to work full-time, without incident, medical attention or medications until 1996. (Dec. 4.) In late March of 1996, he began working for Mello Construction. On May 21, 1996, the employee was setting up staging using a hydraulic pump when the pump slipped. He "felt an immediate 'pop' in his back and immediate pain radiating down through his buttocks into his leg." (Dec. 4-5.) He reported the incident to his supervisor, and the following day went to see Dr. Schmidek, the neurosurgeon who had performed his 1991 back surgery. Dr. Schmidek was of the opinion that the employee had suffered a recurrence of his prior disc herniation, and recommended immediate surgery. On June 26, 1996, the employee underwent a repair of a massive L5-S1 disc herniation. Due to complications, he later required further surgery. (Dec. 5.) The employee filed a claim for compensation benefits which Mello Construction's insurer denied. Following a conference on October 16, 1996, an administrative judge awarded § 34 weekly temporary total incapacity benefits. The insurer appealed...