Gateley's Case

This is an appeal by an employee, Joseph Gateley, from an order of a single justice of the Appeals Court affirming the decision of the reviewing board (board) of the Department of Industrial Accidents denying the employee’s claim for temporary total incapacity compensation benefits. The employee filed a claim on January 20, 1988, with the board alleging that he had suffered a compensable injury. Initially, an administrative judge awarded temporary total incapacity benefits in April, 1988. The insurer, Wausau Insurance Company, appealed. After a full evidentiary hearing, the same judge denied…