| Date: | 03/01/2016 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 004514-10 |
| Location: | Boston |
- Employee: Albert Mancini
- Employer: Suffolk County Sheriff's Department
- Self Insurer: Commonwealth of Massachusetts
KOZIOL, J. The parties cross-appeal from an April 17, 2015, decision finding the employee, a lieutenant at the South Bay House of Correction, sustained a compensable injury to his lower back, right knee and left elbow in an altercation with an inmate on February 24, 2010. The judge awarded the employee a closed period of § 34 benefits from February 24, 2010 through May 10, 2011, immediately followed by § 35 benefits from May 11, 2011 and continuing, at a rate of $506.34 per week based on an average weekly wage of $1,643.90 and an $800.00 per week earning capacity. (Dec. 17-18.) The judge denied the employee’s claim for a psychiatric injury, as well as the self-insurer’s § 27 defense that alleged the employee was injured as a result of his own serious and willful misconduct. (Dec. 17-18.)