No. 03663092 (1999). EMPLOYEE: Ann Deyette.

• Case Date: January 26, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 03663092 (1999). EMPLOYEE: Ann Deyette COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Ann Deyette EMPLOYER: University of Massachusetts Medical Center INSURER: Commonwealth of MassachusettsBOARD NO. 03663092REVIEWING BOARD DECISION (Judges Levine, Maze-Rothstein and Carroll)APPEARANCES Judith B. Gray, Esq., for the employee Omar Hernandez, Esq., for the self-insurer LEVINE, J. The employee appeals from a decision denying her claim for § 34A benefits and awarding § 35 benefits instead. Because the judge made inconsistent findings with regard to a proffered job and with regard to his earning capacity determination, we reverse the decision and recommit the case. The forty-four year old employee is a high school graduate without special training or skills. Her employment history includes positions in secretarial work, collections, medical billing and customer service. She worked as a collector for the self-insurer. She suffered an accepted industrial injury in the nature of repetitive use syndrome, eventually involving both her arms and hands. (Dec. 4.) The self-insurer paid the employee §34 benefits until they were exhausted on August 7, 1995. The employee brought a claim for § 34A benefits which the self-insurer opposed. A conference order issued awarding the employee § 35 benefits based on an earning capacity of $125.00 per week. The employee appealed to a hearing de novo. (Dec. 4, 1.) Pursuant to § 11A of the Act, Dr. Anthony Caprio examined the employee. He diagnosed the employee with "status post overuse syndrome with status post shoulder-hand, chronic pain syndrome with elements of thoracic outlet syndrome." (Ex. A; Dep. 15; Dec. 9.) The judge found the employee's medical condition to be related to the industrial injury. (Dec. 11.) Dr. Caprio opined that the employee was totally disabled from her former occupation and seriously doubted she would ever again obtain gainful employment. (Ex. A.) He opined that the employee's left major extremity was functionally useless due to chronic pain. (Dec. 9.) He agreed with another doctor's opinion that the employee was permanently and totally disabled. (Dep. 74-75.) 1 The employee has a pattern of chronic pain and discoloration in her left hand, with numbness, a blue color and a cold feeling. The employee...