No. 03686795 (1999). EMPLOYEE: Tadeusz Susol.
Case Date | December 13, 1999 |
Court | Massachusetts |
Massachusetts Workers Compensation
1999.
No. 03686795 (1999).
EMPLOYEE: Tadeusz Susol
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Tadeusz Susol EMPLOYER: Citiworks, Inc.
INSURER: Travelers Insurance Co.BOARD NO. 03686795REVIEWING BOARD DECISION (Judges Wilson, McCarthy and Smith)APPEARANCES
Johannes Z. Zlahn, Esq., for the employee at hearing
Steven H. Kantrovitz, Esq., for the employee on brief
Maureen H. McManus, Esq., for the insurer at hearing
Beth R. Levenson, Esq., for the insurer on brief
WILSON, J. The insurer appeals from the
decision of an administrative judge, who denied its complaint to modify or
discontinue the employee's weekly incapacity benefits. The insurer asserts that
the judge erred in excluding from evidence a police report and that this error
tainted the evidence on the employee's credibility. We see no error and affirm
the decision.
Tadeusz Susol, forty-six years old at the hearing, received a
high school education in his native Poland. He understands and speaks limited
English. In May 1995 he began working for Citiworks, Inc. as a fence installer.
His job included loading materials and supplies onto a truck, digging holes,
mixing cement and lifting fence sections. He previously worked as a fence
installer for another company and also delivered pizza. (Dec. 4, 5.)
On September 12, 1995, while lifting rolls of wire at work, the
employee felt a sharp pain in his back that prevented him from straightening up
for a period of time. He completed his day's work and then went to the hospital
with symptoms of pain radiating down into his leg, making it difficult for him
to walk or maintain balance. He subsequently underwent an MRI. His symptoms did
not improve, despite several nerve blocks. He presently takes Darvocetandtrade;
for pain. (Dec. 5, 6.)
The insurer commenced § 34 weekly payments for temporary,
total incapacity, but subsequently filed a complaint to modify or discontinue
those payments. A § 10A conference was held and an order issued allowing
the insurer to discontinue § 34 payments and commence § 35 payments
for temporary, partial incapacity. The insurer appealed that order, which set
the stage for a hearing de novo. (Dec. 2.)
Pursuant to § 11A, the employee was examined by Dr. John
Molloy, who rendered a diagnosis of herniated lumbar discs at multiple levels.
Dr. Molloy...
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