No. 02533996 (2000). EMPLOYEE: Diane Murmes.

• Case Date: February 08, 2000
• Court: Massachusetts

Massachusetts Workers Compensation 2000. No. 02533996 (2000). EMPLOYEE: Diane Murmes COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Diane Murmes EMPLOYER: Gambro Health Care INSURER: CIGNA CompaniesBOARD NO. 02533996REVIEWING BOARD DECISION (Judges Smith, Wilson and McCarthy)APPEARANCES Nicholas A. Felici, Esq., for the employee James E. Ramsey, Esq., for the insurer SMITH, J. Claiming entitlement to ongoing weekly incapacity benefits, the employee appeals the administrative judge's award of a closed period of § 34 temporary total incapacity benefits. Because we are not assured that the judge applied the correct law to facts that could properly be found, when she concluded that the employee did not prove her disability after July 24, 1997 was causally related to the work injury, we find it appropriate to recommit the case for further findings. Diane Murmes, a thirty-two year old registered nurse, began working for Gambro Health Care as a dialysis nurse in February 1996. She had previously worked as a secretary and as a nursing assistant in the emergency ward and dialysis unit of a hospital. Her work for the employer required that she connect patients to dialysis machines and monitor them. It also required that she move the machines and assist patients who needed help ambulating. She worked very busy 10-12 hour shifts. In addition to her taxing work schedule, Murmes was active in working out in a gym with a stationary bicycle and weights. In May of 1995, prior to beginning work for the employer, she had injured her neck and lower back in a motor vehicle accident for which she received medical treatment, and claimed lost wages and medical expenses under the personal injury protection provisions of her automobile liability insurance policy. (Dec. 3.) On June 17, 1996, while at work, Murmes was "reinfusing" a patient when he started to fall. She leaned over to help the patient stand, and felt a sharp pain in her low back radiating down her left leg. (Dec. 4.) After being in and out of work for a brief period of time, Murmes's schedule was adjusted so that she had a longer break between working days. She worked for approximately six months, and then stopped. (Dec. 4.) Murmes filed a workers' compensation claim, which resulted in a conference order awarding payment of § 34 temporary total incapacity benefits. The insurer appealed to a hearing de novo. (Dec. 2.) Pursuant to § 11A, Murmes was examined by an impartial medical examiner, Dr. Girgis. (Dec. 4.) Due to the complexity of the medical issues, the judge allowed Murmes's motion to submit additional medical evidence. (Dec. 2.) Murmes submitted reports from her treating neurosurgeon, Dr. Rachlin (Dec. 5-6) and from a chiropractor, Dr. Rosen (Dec. 6.) The insurer submitted reports from three orthopedic surgeons: Dr. Haffenreffer, Dr. Pollock, and Dr. Donahue. (Dec 6.) In her decision, the judge found that Murmes had injured her back at work on June 17, 1996 (Dec. 9), and awarded § 34 temporary total incapacity benefits from December 29, 1996 until July 24, 1997. (Dec. 10, 11.) In support of her award, the judge adopted aspects of the various medical reports submitted. Significantly, she adopted the opinion of Dr. Haffenreffer, who concluded that Murmes suffered a work-related injury on June 17, 1996 and remained unable to return to work as of the date of his examination, February 18, 1997, although she would be able to return to work in six weeks after a stretching and strengthening program. She further adopted the opinion of Dr. Pollock, who stated that by July 24, 1997, Murmes was able to work full-time as long as she avoided recurring or prolonged squatting and kneeling, and that she would benefit from a work conditioning program on a short-term basis. Dr. Pollack also stated that the low back pain was of questionable etiology and he could not say that it was causally related to work. The judge also adopted the opinion of Dr. Girgis, the impartial examiner, that Murmes needed a work hardening program to become able to fully work again as of October 21, 1997 (the date of his examination). Finally, the judge adopted the opinion of Dr. Donahue that on March 17, 1998, Murmes had no significant disability but would need to get...