Decision

Decision  Carol Barone v. East Boston Savings Bank and Alan S. Rockoff, M.D.

Date: 04/14/2000
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 002061-95, 044478-96
Location: Boston
  • Employee: Carol Barone
  • Employer: East Boston Savings Bank, Alan S. Rockoff, M.D.
  • Insurer: St. Paul Fire & Marine Insurance Company, Eastern Casualty Insurance Company

LEVINE, J. The employee appeals a decision of an administrative judge which awarded compensation benefits for a period of incapacity causally related to an industrial injury occurring on January 10, 1995. The employee appeals only the applicable rate of compensation beginning on March 11, 1996. The judge awarded the employee §34 compensation based on her average weekly wage at the time of her 1995 work injury. The employee contends that, pursuant to §35B, she is entitled to weekly benefits based on her higher average weekly wage at the time of her March 11, 1996 "subsequent injury." 2   See Puleri v. Sheaffer Eaton, 10 Mass. Workers’ Comp. Rep. 31, 36-40 (1996)(average weekly wage at the time of a §35B "subsequent injury" to be used for calculating rate of compensation). Because the judge found all the elements of §35B, we reverse the denial of the §35B adjustment and award weekly benefits at the higher rate requested.

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Downloads   for Carol Barone v. East Boston Savings Bank and Alan S. Rockoff, M.D.

1 Judge Carroll recused herself from participation in deciding this appeal.

2  General Laws c. 152, § 35B (St. 1970, c. 667, § 1), provides, in pertinent part:

An employee who has been receiving compensation under this chapter and who has returned to work for a period of not less than two months shall, if he is subsequently injured and receives compensation, be paid such compensation at the rate in effect at the time of the subsequent injury whether or not such subsequent injury is determined to be a recurrence of the former injury . . . .

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