No. 05550995 (1999). EMPLOYEE: David Casey.

• Case Date: May 20, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 05550995 (1999). EMPLOYEE: David Casey COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: David Casey EMPLOYER: Town of Natick Police Department INSURER: Town of NatickBOARD NO. 05550995REVIEWING BOARD DECISION (Judges Smith, McCarthy and Wilson)APPEARANCES Theresa M. Meltzer, Esq., for the employee David A. DeLuca, Esq., for the self-insurer SMITH, J. The self-insurer appeals an award of further compensation commencing the date that prior compensation ended. Because G.L. c. 152, § 16 abrogates the traditional rule of res judicata in claims for further compensation, the further award is not precluded by the earlier conference order terminating benefits. As the judge's decision is rationally grounded in the record evidence and consistent with law, we affirm it. David Casey received a personal injury arising out of and in the course of his employment by the Town of Natick on July 25, 1995. He filed a claim for compensation, which was initially disputed by the Town. The case went to conference on June 13, 1996, at which time Casey was awarded § 35 partial compensation from June 13, 1996 prospectively until October 13, 1996. Casey appealed the conference order, and then a month later withdrew the appeal. When his compensation ceased, in October 1996, Casey again asserted entitlement to benefits. Casey claimed total compensation from October 14, 1996 and continuing. After conference held on June 3, 1997, Casey was again awarded a closed period of partial benefits, from October 14, 1996 prospectively until December 3, 1997. Both parties appealed the conference order. After hearing de novo, the judge made the following factual findings: David Casey was forty-nine years old at the time of hearing and a high school graduate. Casey began working for the Town of Natick in 1989 and became a maintenance worker with the police department in April 1995. He had previously been employed in a hospital laundry department, a job involving heavy lifting, and as a 911 dispatcher. (Dec. 3.) In 1985, Casey sustained a job related back injury while lifting laundry. He underwent back surgery and remained out of work for approximately four years. When he returned to work he continued to suffer from back pain but was able to perform his work, both as a 911 dispatcher and as a maintenance...