No. 04054196 (2000). EMPLOYEE: Daniel L. Bolton.

• Case Date: March 16, 2000
• Court: Massachusetts

Massachusetts Workers Compensation 2000. No. 04054196 (2000). EMPLOYEE: Daniel L. Bolton COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Daniel L. Bolton EMPLOYER: Charles P. Blouin, Inc. INSURER: Hartford Insurance GroupBOARD NO. 04054196REVIEWING BOARD DECISION (Judges Wilson, McCarthy and Smith)APPEARANCES Matthew J. Maiona, Esq., for the employee Cynthia A. Canavan, Esq., for the insurer WILSON, J. The insurer's complaint to modify or discontinue the employee's benefits was denied and dismissed. The insurer appeals, arguing that the decision of the administrative judge is not supported by the evidence and must be reversed. Because the judge's findings on both the degree of incapacity and the testimony of the insurer's vocational expert lend scant support to the award of § 34 benefits, it is appropriate to recommit the case for further findings. Daniel Bolton was fifty-six years old at the time of the hearing. The holder of a G.E.D. certificate and a CDL-Class A driver's license, the employee was employed as a truck driver since 1966, and for this employer since 1993. (Dec. 3.) On October 15, 1996, while unloading metal HVAC materials at a job site, he injured his left, minor wrist. The insurer accepted liability for the injury and paid § 34 weekly benefits for temporary, total incapacity. (Dec. 3; Tr. 5.) He has not worked since the injury and underwent surgery on the left, minor wrist in April 1997. (Dec. 3-4.) The insurer's complaint for modification or discontinuance of benefits was denied at the § 10A conference. The insurer appealed to a hearing de novo. (Dec. 2.) The employee was examined on April 13, 1998 pursuant to § 11A. The § 11A physician diagnosed radiocarpal arthritis of the left wrist, status post four corner fusion, and ultimate scaphoid excision, causally related to and aggravated by the work injury. (Dec. 4-5.) He opined that the employee was left with continued stiffness and pain in the left wrist, most likely secondary to radiolunate arthritis, that the employee was unable to use his left, upper extremity for repetitive gripping or lifting activities and he would likely be limited to sedentary tasks such as clerical work requiring use of only his right upper extremity. The § 11A physician concluded that the employee had an ongoing, partial and permanent disability...