No. 05477794 (1999). EMPLOYEE: Robert F. Bracey.
Case Date | May 20, 1999 |
Court | Massachusetts |
Massachusetts Workers Compensation
1999.
No. 05477794 (1999).
EMPLOYEE: Robert F. Bracey
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Robert F. Bracey EMPLOYER: Hogan Regional
Center INSURER: Commonwealth of MassachusettsBOARD NO. 05477794REVIEWING BOARD DECISION (Judges McCarthy, Wilson and Smith)APPEARANCES
Mitchell J. Wallman, Esq., for the employee
Michele C. Lareau, Esq., for the self-insurer and
Terrence H. Buckley, Esq., for the self-insurer
MCCARTHY, J. Robert Bracey appeals from
a decision of an administrative judge denying his claim and assessing §
14(2) penalties against him. Finding no error, we affirm the decision.
Mr. Bracey was twenty-eight years of age at the time of the
hearing. A graduate of Salem State College, he began working as a mental health
counselor for the Massachusetts Department of Mental Health in March 1993. He
was assigned to a residential facility as a counselor on the evening shift. He
was responsible for direct client care, including overseeing client activities
and dinner and assisting them at bedtime. (Dec. 4, 5.)
On December 4, 1994, the employee was helping another counselor
escort an agitated client up stairs to his room. While climbing the stairs, the
client suddenly lashed out with his hand striking the employee and causing him
to fall backwards down three or four stairs, breaking a door window with his
elbow and landing on the floor. (Dec. 7.) The following day the employee sought
treatment at the Salem Hospital where x-rays of the lumbar spine were taken. He
was given a prescription for medication and told to rest for five days. (Dec.
7.) Bracey resigned from his job in February 1995 and started a different
position with a new employer in June 1995. (Dec. 5.)
The employee filed a claim for benefits which the self-insurer
denied. In defending the claim, the self-insurer does not dispute that an
injury as described by the employee was reported on December 4, 1994 or that he
sought medical treatment for his alleged injuries the following day. Rather,
the self-insurer asserts that the employee intentionally contrived the accident
for the purpose of receiving workers' compensation. (Dec. 7.) Following a
§ 10A conference denial of his claim, the employee appealed to a hearing
de novo. The parties agreed that, as initial liability had not been
established, a § 11A...
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