Progressive Roofing Co., 080520 MAWC, 024593-14

Case DateAugust 05, 2020
CourtMassachusetts
Progressive Roofing Co. Employer
Progressive Roofing Co. Employer
Transportation Insurance Company Insurer
No. 024593-14
Massachusetts Workers Compensation Decisions
Commonwealth of Massachusetts Department of Industrial Accidents
August 5, 2020
         This case was heard by Administrative Judge Bean.           Michael L. Tyner, Esq., for the employee.           Martin T. Sullivan, Esq., for the insurer.           Long, Fabricant and Koziol, Judges.          REVIEWING BOARD DECISION           LONG, J.          The insurer appeals the February 28, 2019, hearing decision ordering it to pay § 34A, permanent total incapacity benefits. It argues that the judge erred, first, by not discussing a vocational witness’ testimony, and second, by finding the impartial report inadequate and allowing additional medical evidence. We summarily affirm as to the first issue. Finding no merit to the insurer’s other argument presented on appeal, we affirm the judge’s decision.          The employee initially prevailed on his claim for § 34 and §§ 13 and 30 benefits before the same administrative judge, who issued a prior hearing decision on September 6, 2016, for ongoing § 34 weekly benefits in the amount of $454.34 and §§ 13 and 30 benefits. Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n. 3 (2002)(reviewing board may take judicial notice of documents in the board file).[1] That decision provided:
I find that the employee suffered an industrial accident on September 18, 2014 that injured his back and left calf. These injuries have caused him to be totally disabled since the date of the industrial accident. In making these determinations, I rely on the credible testimony of the employee and the persuasive medical opinions of Dr. Morley. I also rely on the reports of Dr. Piscopo and his staff in identifying at an early stage the possibility and then likelihood that the employee’s symptoms emanated from his low back as well as his calf. . . .
         WHEREFORE, it is ordered:
1. That the insurer pay to the employee §34 temporary total disability compensation from September 18, 2014 to the present and continuing. With an average weekly wage of $757.24 his weekly compensation rate is $454.34.
2. That the insurer pay for all of the reasonable and necessary medical treatment related to the September 18, 2014 work injury pursuant to §§13 and 30.
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