No. 02232993 (2000). EMPLOYEE: Christo Lagos.
Case Date | February 10, 2000 |
Court | Massachusetts |
Massachusetts Workers Compensation
2000.
No. 02232993 (2000).
EMPLOYEE: Christo Lagos
COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL
ACCIDENTS EMPLOYEE: Christo
Lagos EMPLOYER: Mary A. Jennings, Inc. INSURER:
Liberty Mutual InsuranceBOARD NO. 02232993REVIEWING
BOARD DECISION (Judges
Maze-Rothstein, Carroll and Levine)APPEARANCES
William T. Salisbury, Esq., and Mary B. Klegman, Esq., for the
employee
Thomas G. Brophy, Esq., for the insurer at hearing
Andrew P. Saltis, Esq., for the insurer on brief
MAZE-ROTHSTEIN, J. For the second time,
the insurer appeals this case to the reviewing board. In Lagos v. Mary A.
Jennings, Inc., 11 Mass. Workers' Comp. Rep. 109 (1997), we recommitted it for
a specific determination of whether the employee had a pre-existing condition
that would trigger a § 1(7A) analysis. The hearing decision following
recommital answered that question in the negative and awarded § 34A weekly
permanent and total incapacity benefits for the employee's psychological
condition. For reasons stated below, we affirm the decision.
The parties stipulated to the following facts. On June 18, 1993,
while employed as a construction worker, a piece of metal being hammered by
another employee splintered, impaling Mr. Lagos' neck. He bled profusely. The
force of the blow knocked him backwards. He was transported to a hospital
emergency room where a vascular surgeon was summoned to surgically remove the
shrapnel embedded in his neck. (Dec. 7 1; Joint Exhibit 1.)
While awaiting the surgeon, Mr. Lagos was left by himself on a
stretcher in a small room for several hours. He experienced searing neck pain,
panic, palpitations, profuse sweating and difficulty breathing while waiting.
He believed he was dying. In preparation for the surgery, a sheet was hung
between Mr. Lagos' head and the neck wound to block his view of the procedure.
As the anesthesia began to take effect, he had a flashback to unpleasant early
childhood experiences. During this episode he recalled that as a small child 2
his mother would close him in a bureau drawer while she worked and that one of
his older siblings would let him out upon returning home from school. Also
while confined in the drawer, he smelled mothballs, felt rats crawling on him,
laid very still and had difficulty breathing. (Dec. 7-8; Joint exhibit 1.)
Since his industrial accident and subsequent surgery, the Mr.
Lagos has extreme difficulty breathing while lying down. Consequently, he
sleeps upright. He can no longer drive much, due to confusion. He has
difficulty concentrating. He suffers from racing thoughts, shortness of breath,
sweating, high anxiety, agitation, headaches, poor appetite, forgetfulness, low
energy, crying spells and depression. (Dec. 9.) He has not worked since June
18, 1993. (Dec. 4.)
The insurer paid § 34 temporary total incapacity benefits on
a without prejudice basis from June 19, 1993 to November 15, 1993. Thereafter,
the employee filed a claim for further benefits based on his neck injury as
well as...
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