No. 03562196 (1999). EMPLOYEE: William Lanzille.

• Case Date: November 03, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 03562196 (1999). EMPLOYEE: William Lanzille COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: William Lanzille EMPLOYER: August A. Busch and Company of MA ISNURER: Anheuser Busch Companies, Inc. BOARD NO. 03562196REVIEWING BOARD DECISION (Judges Carroll, Maze-Rothstein and Levine 1)APPEARANCES Michael C. Akashian, Esq., for the employee Patricia A. Costigan, Esq., for the self-insurer CARROLL, J. The parties cross-appeal from a decision in which an administrative judge awarded the employee a closed period of § 34 temporary total incapacity benefits from date of injury up to the date of the § 11A impartial medical examination. The employee argues that the impartial examiner was biased. The judge made detailed findings on the issue of bias, which met the requirements of Tallent v. M.B.T.A., 9 Mass. Workers' Comp. Rep. 794 (1995); Martin v. Red Star Express Lines, 9 Mass. Workers' Comp. Rep. 670 (1995), and G. L. c. 152, § 11A. Therefore, we summarily affirm the judge's rejection of the contention of bias. The self-insurer argues on appeal that the decision is arbitrary, capricious and contrary to law because the award of benefits was not grounded in the medical evidence before the judge at hearing. Because we agree that there was no medical evidence covering the "gap" period of time for which § 34 benefits were awarded by the judge, we recommit the case for introduc-tion of additional medical evidence. William Lanzille, age 52 at time of the hearing, worked for August A. Busch and Co. (Busch) twice. (Dec. 3, 4.) His most recent work for Busch spanned fourteen years and involved heavy lifting in the warehouse. (Dec. 4.) Each night he lifted approximate-ly 3,500 cases of beer and placed the cases on pallets. Id. Mr. Lanzille is a high school graduate with two years of college courses at Salem State College. (Dec.3, 4.) In addition to his work for the employer, which included beer delivery for 4 years in the 1960s, the employee has worked in several businesses, some as owner or as a partner. (Dec. 4.) Lanzille has owned a clothing store, been part owner in a temporary agency and been a co-owner of a hair replacement clinic. He has skills in retail sales, operating a small business and performing at least minimal accounting and bookkeeping operations. Id. ...