Decision

Decision  Darren M. Desisto v. City of Boston

Date: 10/22/2019
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 014569-15
Location: Boston
  • Employee: Darren M. Desisto
  • Employer: City of Boston
  • Self Insurer: City of Boston

KOZIOL, J. The self-insurer appeals from a hearing decision ordering it to pay the employee § 34 benefits at a rate of $494.51 per week, based on an average weekly wage of $824.19, from his date of injury, June 8, 2015, through the exhaustion of those benefits, followed immediately thereafter by payment of ongoing § 35 benefits at a rate of $230.51 per week based on a minimum wage earning capacity of $440.00. The self-insurer raises three issues that it asserts require either reversal of the decision or an order vacating the decision and recommitting the matter for further findings of fact. We affirm the judge’s decision in part and reverse only so much of the decision as ordered the self-insurer to pay the employee § 50 interest.

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