BOARD No. 69284-87Commonwealth of Massachusetts Department of Industrial Accidents
Filed: June 29, 1995
REVIEWING BOARD:
Judges Maze-Rothstein, Kirby, and Smith.
APPEARANCES:
John A. Norton, Jr., Esq., for the employee.
William LaDoux, Esq., for the insurer.
MAZE-ROTHSTEIN, J.
The Massachusetts Appeals Court in a Memorandum and Order under Rule 1.28 remanded this case to the Reviewing Board for further findings and clarification.
Accordingly, pursuant to the Appeals Court Order of April 7, 1995 we remand this case to the administrative judge to make further findings, grounded in the evidence, on when temporary total incapacity ended, when the partial incapacity commenced and, if necessary, when its level changed. Palardy v. Commonwealth of Massachusetts,
6 Mass. Workers’ Comp. Rep. 165, 166 (1992).
The judge had ordered a reduction to partial incapacity benefits to begin at conference on October 3, 1989. However, after the de novo hearing, the judge further ordered the insurer to comply with a January 11, 1990 order and to pay partial incapacity benefits up through the filing date of the decision.
As there was no order issued on January 11 of 1990, and since the filing date of the decision has no evidentiary significance, the judge’s ruling must be clarified in accordance with the record. Rulings not tethered to evidence and lacking in support cannot stand. Se Altshuler v. Colonial Hilton Hotel, 7 Mass. Workers’ Comp. Rep. 62, 65 (1993).
Since the administrative judge is no longer with the department, we forward this to the senior judge for reassignment for a hearin de novo.
So ordered.
Judges Kirby and Smith concur.