Date: | 04/14/2000 |
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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.