No. 04978995 (1999). EMPLOYEE: Sharon Fortier.

• Case Date: December 21, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 04978995 (1999). EMPLOYEE: Sharon Fortier COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Sharon Fortier EMPLOYER: Ambulance Systems of America INSURER: Liberty Mutual Ins. Co.BOARD NO. 04978995REVIEWING BOARD DECISION (Judges McCarthy, Wilson and Smith)APPEARANCES JoAnn D. Walter, Esq., for the employee Andrew P. Saltis, Esq., for the insurer MCCARTHY, J. Sharon Fortier is thirty-four years of age and a resident of New Bedford, MA. She had back surgery in 1991 as a result of an earlier industrial injury. 1 In December 1993, Ms. Fortier was hired as an emergency medical technician (EMT) by Ambulance Systems of America (ASA). On December 6, 1995, she suffered a low-back injury arising out of and in the course of her employment. The insurer accepted the case and paid weekly temporary total incapacity benefits based on an agreed average weekly wage of $402.71. Later, Liberty Mutual filed a complaint to terminate or modify weekly benefits. Following a conference the administrative judge denied the complaint. The insurer's appeal brought the complaint back to the same judge for a full evidentiary hearing. Testimony was taken from Ms. Fortier and Christopher J. Blach, Regional Manager for ASA. An impartial examination was conducted under § 11A by Dr. Peter Pizzarello on January 30, 1997. On September 25, 1998, the hearing judge filed his decision. He found, among other things, that Ms. Fortier was not able to carry out the work offered to her by ASA. (Dec. 5.) The judge noted and adopted the opinion of the impartial examiner that Ms. Fortier suffers from chronic low-back pain causally connected to the accepted industrial injury. He also adopted Dr. Pizzarello's opinion that the employee is medically disabled permanently and partially, limited in lifting to weights no greater than twenty pounds and is limited in her ability to bend, lift, stoop, push or pull. The judge then concluded that Ms. Fortier continued to be temporarily totally incapacitated until the date of the impartial examination, but as of January 31, 1997, had an earning capacity of $100.68. He allowed Liberty to discontinue temporary total incapacity benefits retroactive to January 30, 1997 and to begin payment of partial incapacity benefits on January 31, 1997 at the weekly rate of $181.22 based...