No. 05193295 (1999). EMPLOYEE: Steven Delaney.

• Case Date: March 09, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 05193295 (1999). EMPLOYEE: Steven Delaney COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Steven Delaney EMPLOYER: Laidlaw Waste Systems INSURER: National Union Fire Ins. Co.BOARD NO. 05193295REVIEWING BOARD DECISION (Judges McCarthy, Smith and Wilson)APPEARANCES Tanya P. Millett, Esq., for the employee Maryann Calnan, Esq., for the insurer MCCARTHY, J. The insurer appeals a § 11 hearing decision in which the employee was awarded weekly § 34 benefits, medical expenses under § 30, attorney fees and costs for the deposition of the impartial medical examiner. The insurer contends that the judge's finding that the employee is totally incapacitated is arbitrary and not supported by the evidence presented. We disagree and therefore affirm the decision. At the time of the hearing, Steven Delaney was forty-two years of age, married with two minor children, and lived in Weymouth, Massachusetts. Mr. Delaney is a high school graduate with training as a mechanic. (Dec. 2.) He was employed by Laidlaw Waste Systems for eighteen years, most recently as a truck mechanic. His job responsibilities included the frequent lifting of 150 pounds or more and climbing and crawling over and around trucks as needed to perform the required mechanical work. (Dec. 3.) On December 7, 1995, while repairing the wiring on a trash truck, the employee felt a muscle spasm and heard a "scrunching" noise, like an electric shock, in his back and leg. (Dec. 3.) He reported the incident to the shop supervisor and continued to work the remainder of his shift. After the workday was completed, Delaney went home to soak in a tub and rest. He returned the next day and completed his responsibilities despite being in pain. The employee rested over the weekend and returned to work on Monday. However, he experienced pain and contacted his doctor from the work site. An appointment was made for the following day. The employee's doctor advised two weeks bed rest and prescribed muscle relaxants. The employee has not returned to work since. (Dec. 3.) Mr. Delaney was referred to Dr. DiTullio who then scheduled the employee for various diagnostic tests. In February 1996, the employee underwent low back disc surgery at South Shore Hospital. Following the operation, the employee had a course of physical therapy...