No. 05685695 (1999). EMPLOYEE: Michael O'Rourke.

• Case Date: December 13, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 05685695 (1999). EMPLOYEE: Michael O'Rourke COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Michael O'Rourke EMPLOYER: Town of West Bridgewater INSURER: Mass. Interlocal Ins. Assoc. W.C,BOARD NO. 05685695EMPLOYER: Green Manor Caterers INSURER: Wausau Insurance CompanyBOARD NO. 02987595EMPLOYER: Quality Personnel, Inc. a/k/a Quality Temps of Brockton INSURER: Eastern Casualty Insurance CompanyBOARD NO: 02988695REVIEWING BOARD DECISION (Judges Levine, Carroll and Maze-Rothstein)APPEARANCES Paul S. Danahy, Esq., for the Employee Steven O'Connell, Esq., for Mass. Interlocal Ins. Assoc. Donald M. Culgin, Esq., for Wausau Insurance Co. Kerry G. Nero, Esq., for Eastern Casualty Insurance Co. LEVINE, J. Both the employee and Wausau Insurance Co. appeal the decision of an administrative judge which awarded the employee weekly incapacity benefits pursuant to § 34, payment of medical bills pursuant to §§ 13 and 30, and legal fees and expenses. After review, we reverse the decision as to Wausau and recommit the case for further findings on the issue of which of the insurers is liable for the employee's incapacity. We summarily affirm the remainder of the administrative judge's decision. Michael O'Rourke was, at the time of the hearing, a single, thirty-two year old father of one minor child. (Dec. 4.) He has an eighth grade education and he served in the National Guard for ten years. Mr. O'Rourke's prior jobs included carpentry, framing, landscaping, cooking and seaward technician. Id. He had suffered prior back problems due to the physical nature of his employment history. (Dec. 5.) In October 1994, Mr. O'Rourke began employment as a school custodian for the Town of West Bridgewater. His duties included general cleaning functions, which entailed very physical work. Id. He operated buffers and strippers that apply and remove wax from floor surfaces. Id. On July 18, 1995, Mr. O'Rourke was operating a buffer to strip the wax from a classroom floor when the buffer spun out of control and struck him in the low back, shoulders and right hip. (Dec. 6.) Also, the electrical cord somehow wrapped around his feet causing him to fall to the floor. (Dec. 6, 15.) As a result, the employee suffered injuries to his lower back and right hip. (Dec. 6.) Mr. O'Rourke completed the workday despite pain. Later that evening, he reported to the emergency room of the Good Samaritan Hospital. Id. Four days following the incident, the employee returned to modified work on a four hour per day basis. (Dec. 7.) In September 1995, the employer instructed the employee to resume regular full time work. However, because he was still experiencing a lot of pain in the lower back radiating down the groin and right hip into both legs, the employee could not resume regular work and at that time he stopped working for the town. Id. Initially, the employee treated with his primary care physician, Dr. Grogan. In October 1995, he was referred to Dr. Carriere, an orthopedic surgeon. Id. Dr. Carriere initially treated the employee with medication. Dr. Carriere's November 1, 1995 office note states that the employee had an epidural steroid injection. (Employee Ex., 2.) On Dr. Carriere's advice the employee sought lighter work with Green Manor Caterers and Quality Personnel, Inc. (Dec. 7.) He apparently worked for King Richard's Faire for ten weeks during the Fall of 1995. Despite his injury...