| Date: | 07/12/2018 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 027158-13 |
| Location: | Boston |
- Employee: Camilo Diaz Puntiel
- Employer: Demoulas Supermarket
- Insurer: Demoulas Supermarket
LONG, J. The employee appeals from a decision denying his claim for § 34A benefits. He argues that the administrative judge erroneously awarded § 35 benefits because: 1) the judge awarded § 35 benefits during a period for which the self-insurer had paid § 34 benefits; 2) the judge misunderstood the employee’s burden of proof as the employee was only required to establish there had been no improvement in his condition to prove entitlement to § 34A benefits; and, 3) the judge failed to perform an adequate analysis in determining the employee’s earning capacity. For the following reasons, we recommit the case to the judge for further findings.