No. 09639188 (1999). EMPLOYEE: Sandra Haggerty.

Case DateFebruary 01, 1999
CourtMassachusetts
Massachusetts Workers Compensation 1999. No. 09639188 (1999). EMPLOYEE: Sandra Haggerty COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Sandra Haggerty EMPLOYER: Sears Roebuck and Co. INSURER: Allstate Insurance Co.BOARD NO. 09639188REVIEWING BOARD DECISION (Judges Maze-Rothstein, Carroll and Levine)APPEARANCES William H. Murphy, Esq., for the employee at hearing Paul M. Moretti, Esq., for the employee on brief David M. O'Connor, Esq., for the insurer at hearing and on the brief Joseph C. Abate, Esq., for the insurer on brief MAZE-ROTHSTEIN, J. This case is before the reviewing board on the employee's appeal from a decision awarding her one week of § 34 temporary total incapacity benefits due to a work related exposure to toxic chemicals. In seeking reversal, the employee argues that the decision is arbitrary, capricious, contrary to law and based on findings which are conflicting, confusing and insufficient. The arguments have merit. We reverse the decision and recommit the case for further findings. G.L. c. 152, § 11C. Sandra Haggerty, now in her late thirties, is a high school graduate who has previously worked as a waitress, food handler and payroll clerk. She began work for the employer as a warehouse laborer in 1980. In 1984 she became a "gas technician," servicing and repairing small gas engines. (Dec. 5.) At the time of her injury, she earned $600 per week. (Dec. 2.) On March 25, 1988, while at work, she experienced nose irritation and a headache after exposure to noxious fumes. 1 (Dec. 5.) She left work at lunchtime to see a doctor, who x-rayed her lungs and irrigated her nose. The x-rays were negative, and she was sent home with medications and instructions to use an inhaler. (Dec. 5.) The following day Ms. Haggerty was hospitalized because of difficulty breathing. On March 30, 1988, after four days in the hospital, she was discharged with a diagnosis of acute asthma. (Dec. 6.) The employee returned to work on Friday, April 1, 1988. (Dec. 6.) She worked for approximately six more months at her regular job in the gasoline engine shop. During this time, she missed approximately 28 days of work. On October 12, 1988, as a result of these absences, she was placed in an "attendance improvement program." The next day, she stopped working and sought treatment from Harvard Community Health Plan (HCHP) for "mood swings." A few days later, she returned to her...

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