No. 09639188 (1999). EMPLOYEE: Sandra Haggerty.
Case Date | February 01, 1999 |
Court | Massachusetts |
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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