Recently, an employee appealed a decision to the Massachusetts Department of Industrial Accidents Review Board after a judge denied his § 30 claim for reimbursement of costs for a total left hip replacement. While the Board upheld the decision, they noted that the judge had set forth a standard for assessing medical complexity that had been rejected. The rule, stated by the Board, is that a subjective approach must be used to determine medical complexity.
In this case, the employee had worked for his employer for over 30 years, as a machine operator and an x-ray technician. He suffered injuries in an accident at work, when a revolving door struck his knee, and he fell onto his side. After receiving medical treatment from two doctors, the employee underwent surgery on both knees, and during the recovery period, he received weekly indemnity benefits.