No. 02704792 (1999). EMPLOYEE: Rose Stone.

• Case Date: July 22, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 02704792 (1999). EMPLOYEE: Rose Stone COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Rose Stone EMPLOYER: Belchertown State School INSURER: Commonwealth of MassachusettsBOARD NO. 02704792REVIEWING BOARD DECISION (Judges Smith, McCarthy and Wilson)APPEARANCES Gerald L. Pellegrini, Esq., for the employee Terence H. Buckley, Esq., for the self-insurer SMITH, J. The employee appeals a decision denying her claim for § 34A permanent and total incapacity benefits and awarding her § 35 temporary partial incapacity benefits. Because the decision is based upon a factual finding that has no support in the record, we agree with the employee that it is arbitrary and capricious. We reverse the finding that the employee admitted that she had not looked for work, (Dec. 19), and recommit the case for further findings of fact on the extent of her incapacity. Stone, who was forty-three years old at the time of the hearing, had held a variety of positions for the employer, including secretary, telephone operator, and direct service provider. Prior jobs for other employers included positions as a clerk and bookkeeper, machine operator, and domestic engineer. At the time of her most recent injury, she was managing the employer's copy center. (Dec. 4-6.) She first injured her left knee in 1988 when she hit the corner of a typewriter stand. She was out of work for several months and collected workers' compensation benefits. She returned to her job as a telephone operator wearing a cast. (Dec. 6.) Her knee went out again in 1990 while she was working as a secretary for the employer, and she returned to work wearing a knee immobilizer. Again, she received weekly partial incapacity benefits from the self-insurer. (Dec. 7.) On July 2, 1992, while she was working on a duplicating machine, Stone twisted her left knee, causing it to pop out. She saw Dr. Sklar that day, who noted swelling on her knee. Because her knee kept going out, was weak, and she could not put pressure on it, she underwent surgery on September 3, 1992. She had some physical therapy, but continued to experience significant pain. On August 19, 1994, she underwent a second surgery to remove scar tissue and put her kneecap back into position. (Dec. 7.) After the surgery, she continued to experience the same level of pain as before, though she had some improvement in range of motion...