No. 03308290 (1999). EMPLOYEE: Kimberly Wright.

Case DateAugust 19, 1999
CourtMassachusetts
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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT