No. 04836096 (2000). EMPLOYEE: Joaquim Henriques.

• Case Date: February 29, 2000
• Court: Massachusetts

Massachusetts Workers Compensation 2000. No. 04836096 (2000). EMPLOYEE: Joaquim Henriques COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Joaquim Henriques EMPLOYER: Bernardino's Bakery, Inc. INSURER: Arbella Indemnity Insurance Co.BOARD NO. 04836096REVIEWING BOARD DECISION (Judges Smith, McCarthy and Wilson)APPEARANCES Steven D. Rose, Esq., for the Employee Michael T. Hassett, Esq., for the Insurer SMITH, J. The employee appeals from a decision on the insurer's discontinuance complaint, which terminated benefits as of the date of the § 11A impartial medical examination. Because we are uncertain whether the judge applied the correct law to facts which could properly be found, we find it appropriate to recommit the case for further findings of fact. G.L. c. 152, § 11C. Joaquim Henriques is a married, forty-nine year old father of one child. (Dec. 3.) In 1978, he immigrated to the United States from Portugal. He was educated to a fourth grade level in Portugal, prior to his arrival in the United States, and cannot speak or write the English language. Once in the United States, he was employed as a factory worker. In 1979, he commenced employment with Bernardino's Bakery as a baker. (Dec. 3.) On or about October 24, 1996, in the course of his employment, Henriques injured himself while attempting to detach several baking trays. The trays were stuck together and Henriques struck his right hand against the pans in an effort to disengage them from one another. Consequently, he developed pain in his right hand in the radial subthenar area. The insurer accepted liability for the October 1996 injury, which was diagnosed as carpal tunnel syndrome. (Dec. 3.) Henriques contends that he attempted a return to work, but that he developed right shoulder pain as a result of pushing a heavy cart. Although Henriques did not report any shoulder injury to his employer, he pursued medical treatment for his shoulder condition. (Dec. 3-4.) The judge found Henriques' testimony concerning his right shoulder injury unpersuasive. (Dec. 4.) Henriques has been out of work since December 12, 1996. (Dec. 3.) On March 11, 1997, he underwent right carpal tunnel release surgery. The surgery was unsuccessful. Henriques continues to complain of pain in his hand, elbow, shoulder and neck. (Dec. 3.) The insurer filed the pending...