|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 026747-99|
- Employee: Clifford LaPointe
- Employer: Souliere and Zepka Construction Co., Inc.
- Insurer: Credit General Insurance Co.
HORAN, J. This sixty-eight year old employee appeals the decision of an administrative judge denying his claim for permanent and total incapacity benefits or, in the alternative, partial incapacity benefits. The judge found the employee capable of performing many types of non-trifling work, and thus denied his § 34A claim.1 (Dec. 3.) We summarily affirm that finding. The judge based his denial of § 35 benefits by applying § 35E.2 Id. The judge's treatment of § 35E is contrary to law. Accordingly, we reverse that part of the decision and recommit the case for further factual findings consistent with this opinion.