No. 06669192 (1999). EMPLOYEE: Arthur Stevens.

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

Massachusetts Workers Compensation 1999. No. 06669192 (1999). EMPLOYEE: Arthur Stevens COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Arthur Stevens EMPLOYER: City of Brockton INSURER: City of BrocktonBOARD NOS. 06669192, 03477893, 02393494REVIEWING BOARD DECISION (Judges Wilson, McCarthy and Smith)APPEARANCES John K. Ford, Esq., for the employee Michael K. Landman, Esq., for the self-insurer WILSON, J. The employee appeals from a decision that denied his claim for § 34A permanent and total incapacity benefits as well as §§ 13 and 30 medical benefits. He contends that the administrative judge did not consider the employee's medical evidence and that the judge's decision fails to apply the doctrine of res judicata to those issues previously decided in this matter. As there is merit in both arguments, we vacate the decision and recommit the case for further findings of fact. The employee, seventy-six years old at the hearing, is a high school graduate with additional electrical schooling at Franklin Technical Institute. In 1950, he began his career as a pneumatic control installer. He last worked from 1977 to September 1993 as a pneumatic control technician for the City of Brockton. This job involved much climbing, squatting, crawling and walking, and he carried a thirty five-pound toolbox. (Dec. 95.) Mr. Stevens suffered numerous work-related knee injuries. On December 7, 1983, he tore cartilage in his right knee. This led to surgery in April 1984, followed by seven weeks of lost work. He subsequently returned to his regular job without restriction. Over the next decade he suffered numerous knee twists, more often to the left knee, but continued to work uninterrupted until August 11, 1992, when he struck his right knee after losing his footing on a slippery floor. He remained out of work for three days, and then returned to work without restriction, although both his right and left knees were still painful. On September 24, 1993, the employee left work for the last time due to severe bilateral knee pain. He did not suffer a specific incident that day. He underwent total left knee replacement in October 1993. Mr. Stevens had a good recovery, although the left knee gives way on occasion and he cannot squat, work around the house, mow the lawn or shovel snow, and he must use a cane. (Dec. 95-96.) The...