| Date: | 02/09/2009 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. |
| Location: | Boston |
- Employee: Charles Hartnett
- Employer: Hogan Regional Center
- Self Insurer: Commonwealth of Massachusetts
FABRICANT, J. The self-insurer appeals from a decision awarding the employee a closed period of § 34 benefits, and ongoing § 35 benefits, based on an earning capacity reflecting the employee's actual wages earned from his concurrent employment as a substitute teacher. The self-insurer argues the judge failed to correctly apply the provisions of G. L. c. 152, § 35D, in his assessment of the employee's earning capacity. We agree, and recommit the case for further findings on that issue.