| Date: | 12/21/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 060353-92 |
| Location: | Boston |
| Referenced Sources: | Carl Lozowski v. C. H. Sweeney & Sons |
- Employee: Carl Lozowski
- Employer: Sweeney & Sons, Inc.
- Insurer: Travelers Insurance Co.
WILSON, J. The employee appeals from a decision in which the administrative judge denied his claim for permanent and total incapacity benefits, and awarded partial incapacity benefits based on an average weekly wage that the employee contends was miscalculated. We summarily affirm the decision as to the employee’s appeal from the judge’s conclusion that he was not entitled to §34A permanent and total incapacity benefits. The employee contends that the judge erred by failing to assign his average weekly wage in accordance with the "prevailing wage" provisions of G.L. c. 149, §26, governing "public works" construction projects. See McCarty v. Wilkinson & Co., 11 Mass. Workers’ Comp. Rep. 285, 288-289 (1997). However, because we cannot tell from the decision what documents the judge considered in reaching his decision to deny the employee’s claim for a higher average weekly wage, we must recommit the case for clarification of the record. Only after all of the documents considered by the judge have been marked and identified on the record will the prevailing wage issue be ready for appellate review.