No. 02592696 (1999). EMPLOYEE: Thomas Corkery.
Court | Massachusetts |
Massachusetts Workers Compensation
1999.
No. 02592696 (1999).
EMPLOYEE: Thomas Corkery
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Thomas Corkery EMPLOYER: General Motors
Corporation INSURER: General Motors CorporationBOARD NO. 02592696REVIEWING BOARD DECISION (Judges Wilson, Smith and McCarthy)APPEARANCES
Michael J. Powell, Jr., Esq., for the employee
Robert P. Jachowicz, Esq., for the self-insurer
WILSON, J. The self-insurer appeals
from a decision in which the administrative judge awarded two closed periods of
weekly benefits under §§ 34 and 35 and ongoing partial incapacity
benefits from December 1, 1996 for a contusion injury at work on July 10, 1996.
Because we discern errors in the judge's use of the impartial medical report,
we vacate the decision in part and recommit the case for further findings.
Mr. Corkery's work injury occurred when he was unloading a rack
that shifted, causing him to fall off the forklift that he was operating onto
his back, hitting his head on the concrete floor. He suffered a large abrasion
on his lower back. After being treated for lower back pain and headaches, he
was released to return to modified duty work in August 1996 by both the
insurer's examiner and his treating physician, Dr. Lever. (Dec. 4.)
The employee's return to work on August 30, 1996 did not go well.
Although the employee had provided his supervisor with Dr. Lever's medical
restrictions, he was assigned to his regular duties of lifting parts weighing
up to forty pounds, along with frequent bending in a full shift of eight hours
on his feet. As the employee could not tolerate the physical demands of the
job, on September 16, 1996, he left work on Dr. Lever's advice to rest and
undertake a course of physical therapy. (Dec.5.) Despite unresolved back
problems, the employee returned to work again in October, due to financial
constraints. Because he was unable to perform the regular job duties to which
he was again assigned, the employee voluntarily retired from his job, after
working at General Motors for thirty-three years. (Dec. 3, 5.)
The employee brought a claim for workers' compensation benefits
after the self-insurer paid him benefits without prejudice for several weeks in
July and August of 1996. The judge denied the employee's claim at conference
and he appealed to a full evidentiary hearing, where he sought a closed period
of temporary and total incapacity benefits, as well as partial incapacity
benefits from September 16, 1996 to date and continuing. The...
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