No. 03686795 (1999). EMPLOYEE: Tadeusz Susol.

Case DateDecember 13, 1999
CourtMassachusetts
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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