| Date: | 03/22/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 037960-88 |
| Location: | Boston |
- Employee: Carol Lavoie
- Employer: Zayre Corporation
- Insurer: Liberty Mutual Ins. Co.
MAZE-ROTHSTEIN, J. The insurer appeals a decision awarding the employee G.L. c. 152, § 35, weekly partial incapacity benefits, based on subsidiary findings of total incapacity. The employee’s entitlement to § 34 temporary total incapacity weekly benefits had exhausted prior to the filing date of the decision. (Dec. 19.) The insurer contends that the award of partial incapacity benefits lacked the necessary evidentiary support. We disagree, because we consider that the judge had the equitable authority to make such a weekly benefits award. We affirm the decision.