No. 07739191 (1999). EMPLOYEE: Cletus L. Kijek.

• Case Date: January 07, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 07739191 (1999). EMPLOYEE: Cletus L. Kijek COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Cletus L. Kijek EMPLOYER: OSRAM Sylvania, Inc. INSURER: National Union Fire Insurance Co.BOARD NO. 07739191REVIEWING BOARD DECISION (Judges Smith, McCarthy and Wilson)APPEARANCES Frederick T. Golder, Esq., for the employee Joseph B. Bertrand, Esq., for the insurer SMITH, J. The employee, Cletus Kijek, appeals from a decision on his original liability claim for § 34 temporary total incapacity benefits, § 30 medical benefits and § 28 double compensation. The judge found that Kijek sustained a personal injury to his back arising out of and in the course of his employment. The judge was unpersuaded that this physical disability diminished Kijek's earning capacity, but found that the injury did necessitate medical treatment. He concluded that Kijek's injury was not the result of serious and wilful misconduct by the employer. (Dec. 151.) The judge therefore denied the claim for weekly compensation and § 28 benefits but awarded reasonable and necessary medical services pursuant to G.L. c. 152, § 30. (Dec. 157.) On appeal, Kijek raises three main issues: 1) he should get a new hearing before a different judge because the judge did not inform him about the judge's prior employment as a selectman and the selectmen's dealings with the employer's predecessor corporation; 2) the evidence established his entitlement to § 35 partial compensation benefits; and 3) the evidence established his entitlement to § 28 benefits. We find no merit in any of these arguments. The judge rendered a thirty-seven (37) page, carefully reasoned decision on December 27, 1996. Shortly thereafter, on January 5, 1997, Kijek filed a fifteen (15) page Motion for Reconsideration listing one hundred and sixteen (116) reasons why his Motion should be allowed. The judge, without hearing, denied the motion, indicating that at least forty-six (46) of the reasons were flawed and two reasons made improper arguments. The judge specifically indicated that he did not rely on any alleged psychiatric diagnosis of paranoid schizophrenia in deciding the case. (Letter to Frederick T. Golder dated January 10, 1997.) The employee then appealed. At a reviewing board pre-transcript conference, Kijek filed a Motion to Vacate...