Mugford's Case

The underlying facts in this worker’s compensation case are undisputed. On May 24, 1983, the employee sustained a work related injury to his back for which the the insurer accepted liability. The insurer paid him weekly benefits for temporary total disability under G. L. c. 152, § 34, until December 15, *9291988.1 Meanwhile, on August 20, 1987, the employee filed a claim for permanent and total disability benefits under G. L. c. 152, § 34A. The insurer denied the § 34A claim, and on May 8, 1989, the case came on for a hearing before an administrative judge. In her December 27, 1989, decision,…