No. 08270990 (1999). EMPLOYEE: Iola Ferriabough.

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

Massachusetts Workers Compensation 1999. No. 08270990 (1999). EMPLOYEE: Iola Ferriabough COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Iola Ferriabough EMPLOYER: Raytheon Corporation INSURER: Liberty Mutual Ins. Co.BOARD NO. 08270990REVIEWING BOARD DECISION (Judges McCarthy, Smith and Wilson)APPEARANCES James K. Brownell, Esq., for the employee Dennis M. Maher, Esq., for the insurer MCCARTHY, J. Iola Ferriabough, who is sixty-five years of age, worked for Raytheon Corporation for about twenty-five years. (Dec. 3.) The parties agree that on March 3, 1987, Ms. Ferriabough suffered an industrial injury which was settled for $30,000.00 by lump sum approval on September 24, 1993. (Dec. 3.) After the settlement, the employee continued to receive medical treatment. She also took aqua therapy at a Y.M.C.A. (Dec. 1-2.) Ms. Ferriabough brought a claim for payment of medical bills, outstanding as of the time of the 1993 settlement, and for ongoing medical treatment. Following a § 10A conference, the insurer was ordered to pay all outstanding medical bills up to the conference date, March 24, 1997 together with medical prescriptions and the aqua therapy at the Y.M.C.A. for an additional year. The case went to a hearing de novo on cross appeals by the parties. (Dec. 1-2.) On June 5, 1997, the employee was examined by Dr. Arthur J. Bowman, the § 11A physician. (Dr. Bowman's report 1, dated June 10, 1997.) After Dr. Bowman's June 10, 1997 report was filed, Mrs. Ferriabough filed a motion to declare the impartial medical evaluation inadequate and to allow submission of additional medical evidence. The administrative judge advised the parties that no ruling would be made on the motion until after the § 11A examiner was deposed. (Dec. 2.) The parties then agreed to request a supplemental report from the § 11A examiner. At a status conference held to discuss Dr. Bowman's supplemental report, dated December 11, 1997, the parties agreed that no further medical testimony was necessary. As the parties did not depose Dr. Bowman, no ruling was made on the employee's motion to allow additional medical evidence. (Dec. 2.) The § 11A examiner found no neurological deficits or areas of sensory deprivation in the lower extremities on plain touch and feel. He detected no physical limitations and was unable to find any reason...