Modified as July 14, 2016.]
March 22, 2016
from a decision of the Industrial Accident Reviewing Board.
M. Beagan for the employee.
J. Canniff, III, for the insurer.
Cypher, Wolohojian, & Carhart, JJ.
N.E.3d 214] Cypher, J.
Wilson appeals from a decision of the reviewing board (board)
of the Department of Industrial Accidents (DIA), which
reversed a decision of the administrative judge in favor of
Wilson, and dismissed his claim. We reverse the dismissal of
the [50 N.E.3d 215] claim and reinstate the decision of the
administrative judge in favor of Wilson.
worked as a heavy equipment mechanic for Southworth Milton in
2006 when he was injured while repairing a hydraulic pump in
a truck. Wilson was on his stomach, lying across the
transmission of the truck with both arms fully extended in
front of him. While using a pry bar in an attempt to skirt
the weight on the back of the ninety-pound pump, he felt a
stabbing pain in his neck, upper back, and both shoulders.
Approximately nine days later Wilson was treated with a
cortisone shot. Wilson testified that at that time his left
shoulder felt tender, although his right shoulder was much
September, 2007, surgery was performed on Wilson's right
shoulder. Wilson returned to work five and one-half weeks
his surgery and, as advised by his surgeon, Dr. Peter
Noordsij, relied more on his left arm to compensate for lack
of use of his right arm. Wilson's left shoulder pain
filed a claim for worker's compensation. Sentry Insurance
Company (Sentry) settled the claim in 2008 with an approved
lump sum payment of $2,500 to Wilson and an award of $5,000
for attorney's fees to Wilson's
attorney. See G. L. c. 152, § § 19,
23. The 2008 settlement agreement specified that it covered
injuries to Wilson's right shoulder, neck, and upper
continued to suffer bilateral shoulder pain after the lump
sum award but was unable to obtain medical benefits. In 2011,
Wilson filed a claim for payment of medical benefits for
treatment of his left shoulder, as well as his right
shoulder, from the 2006 industrial accident. Sentry disputed
Wilson's claim, and Dr. Ralph Wolf, an impartial medical
examiner (IME), was appointed to examine
Wilson. Dr. Wolf provided a written report indicating that
Wilson's left shoulder injury " was secondary"
to the industrial accident and noting that " the patient
did not report left shoulder pain ... until one year post
injury." In ...