Decision

Decision  Carlos DeSousa v. Sturdy Memorial Hospital

Date: 05/22/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 039751-97
Location: Boston
  • Employee: Carlos DeSousa
  • Employer: Sturdy Memorial Hospital
  • Self Insurer: Sturdy Memorial Hospital

CARROLL, J. The self-insurer appeals an administrative judge’s award of a closed period of § 35 weekly temporary partial incapacity benefits, making two related arguments that require recommittal. The self-insurer contends that the judge erred by failing to properly determine the employee’s actual earnings for the purposes of applying § 35D, and in failing to perform an adequate vocational analysis. We agree. As to the other issues raised by the self-insurer, we summarily affirm the decision.

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