Date: | 10/11/2018 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board Number 019020-15 |
Location: | Boston |
- Employee: Albert Sadiku
- Employer: Aquila the Eagle Express, LLC
- Insurer: Workers' Compensation Trust Fund
CALLIOTTE, J. The employee and the employer1 appeal from a decision ordering the Workers’ Compensation Trust Fund (Trust Fund) to pay a closed period of § 34 temporary total incapacity benefits, from May 27, 2015, to March 9, 20162. Both argue that the judge’s § 1(7A)3 analysis was inadequate, but in different ways. We agree and recommit the case for completion of the required § 1(7A) analysis, and reconsideration of extent and duration of incapacity. The employer also argues the judge erred in finding the employee was not guilty of serious and wilful misconduct pursuant to § 27. We disagree and affirm the decision on that issue.