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Decision

Decision  Darryl Conte v. P.A.N. Construction Company

Date: 04/28/1999
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 082643-89
Location: Boston
  • Employee: Darryl Conte
  • Employer: P.A.N. Construction Company
  • Insurer: Aetna Casualty & Surety

MCCARTHY, J. The employee appeals from a decision in which an administrative judge denied his claim for application of § 51A benefits on an award of § 34 weekly incapacity benefits.1 We agree with the judge that the insurer’s payment of compensation for total incapacity under the workers’ compensation law of New Jersey, where the injury took place, removed this claim from the scope of § 51A’s coverage. We affirm the decision.

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1 General Laws c. 152, § 51A reads:

In any claim in which no compensation has been paid prior to the final decision on such claim, said decision shall take into consideration the compensation provided by statute on the date of the decision, rather than the date of the injury.

(St. 1969, c. 833, § 1.)

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