Decision  Angel Montes v. Liberty Construction Services, LLC

Date:	05/28/2013
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 016796-10
Location:	Boston

• Employee: Angel Montes
• Employer: Liberty Construction Services, LLC
• Insurer: Chartis Property and Casualty Co.

KOZIOL, J. The insurer appeals from a decision ordering it to pay the employee a closed period of § 34 total incapacity benefits followed by ongoing § 35 partial incapacity benefits, as a result of the employee’s May 10, 2010, work-related injury.¹ We address the insurer’s claim of error regarding the judge’s assignment of a minimum wage earning capacity to the employee, and affirm the decision.²

¹  The judge found that on May 10, 2010, the employee sustained work-related injuries to his left shoulder and his right wrist/hand, but that he was disabled only as a result of the left shoulder injury. (Dec. 15-16.)

²  We summarily affirm the decision as to the insurer’s remaining allegation of error concerning the judge’s credibility findings and weighing of videotape evidence.