No. 70136782 (1999). EMPLOYEE: John Saccone.

• Case Date: September 17, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 70136782 (1999). EMPLOYEE: John Saccone COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: John Saccone EMPLOYER: Department of Public Health INSURER: Massachusetts PERAC/Commonwealth of MassachusettsBOARD NO. 70136782REVIEWING BOARD DECISION (Judges Wilson, McCarthy and Smith)APPEARANCES Ann M. McNamara, Esq., for the employee Marian C. Grimes, Esq., for the insurer WILSON, J. The insurer appeals the decision of an administrative judge, who awarded § 34A benefits, reasonable and necessary medical treatment for the diagnosed condition pursuant to §§ 13 and 30, attorney's fees and costs, and authorized the insurer to credit itself for payments made prior to the date of the decision. After a review of the record, we recommit the case to the administrative judge for further findings. John Saccone, who was fifty-eight years old at the time of the hearing, attended Massasoit Community College for one year after receiving his high school diploma. He has thirteen years of experience with the Massachusetts Department of Public Health as a nursing home inspector, holding the title of Senior Civil Engineer/Life Safety Code Unit. (Dec. 4.) On August 6, 1981, during an inspection of a nursing home in Brockton, the employee lost his balance while standing on a ledge. He stumbled and, although he managed to catch himself and avert a fall, he felt a "ripping" in his lower back. (Dec. 4.) The employee continued to work for the next six months despite the resulting pain and stiffness, for which he was treated by his family physician. Ultimately, in March of 1982, the employee was unable to carry out the physical requirements of his employment. (Dec. 4-5.) The insurer accepted initial liability for the employee's claim. Following a hearing before an administrative judge in February 1988, the employee was awarded permanent and total incapacity benefits under § 34A. (Dec. 5-6.) On August 21, 1995, the insurer filed a complaint to discontinue payment of § 34A benefits. A conference was held before another administrative judge and modification or discontinuance was denied. The insurer then appealed to a hearing de novo. (Dec. 2.) Pursuant to G. L. c. 152, § 11A, the employee was examined by Dr. Thomas Antkowiak, whose report and deposition were admitted into evidence...