No. 03308290 (1999). EMPLOYEE: Kimberly Wright.
Case Date | August 19, 1999 |
Court | Massachusetts |
Massachusetts Workers Compensation
1999.
No. 03308290 (1999).
EMPLOYEE: Kimberly Wright
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Kimberly Wright EMPLOYER: Energy
OptionsBOARD NO.
03308290INSURER:
Commercial Union Ins. Co EMPLOYER: Reed and CarnrickBOARD NO. 07778891INSURER: Hartford Underwriters
Ins. EMPLOYER: Block Drug INSURER: Lumbermens Mutual
Casualty Co.BOARD NO.
01947794REVIEWING BOARD DECISION (Judges McCarthy,Wilson and
Smith)APPEARANCES
Charles R. Casartello, Jr., Esq., for the employee
Kimberly Davis Crear, Esq., for Commercial Union Insurance Co.
Christine M. Gill, Esq., for Hartford Underwriters Insurance Co.
Matthew F. King, Esq., for Lumbermens Mutual Casualty
Co.
MCCARTHY, J. On August 13, 1982, while
in his mid-twenties, Kimberly Wright sustained a serious low back injury while
lifting in the course of his employment as a sales person for Energy Options.
He had low back surgery the following month and was out of work for about ten
months.
In September 1983, Wright began work as a sales representative
for New England Sound and Communications. One year later, he moved to New World
Energy and in June 1986, moved again, this time to Reed and Carnrick
Pharmaceuticals. In two years he was promoted to national account manager.
Prior to a second low back operation in January 1992, Mr. Wright had severe
pain in the left leg and the low back and had andquot;trouble getting around. .
. . His pain was so severe that he was looking for anything that could offer
him relief.andquot; (Dec. 10.)
The second surgery produced some improvement. Nevertheless,
Wright continued to experience constant leg and back pain. He tried other
modalities of treatment including steroid injections, acupuncture, massage and
chiropractic treatment. (Dec. 11.) After 1992, Wright curtailed his level of
physical activity. He made fewer appointments and retired earlier in the
evening. Impatient and frustrated, the employee determined that he could not
continue working for Reed and Carnrick as national account manager and left
work permanently on March 6, 1994. (Dec. 11.) He has not worked since. His
stipulated average weekly wage at that time was $1,504.93. (Dec. 4.)
After leaving work, Wright made a claim in the alternative
alleging either, 1) a recurrence of incapacity flowing from the August 13...
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