| Date: | 03/04/2026 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No.: 038295-21 |
| Location: | Boston, MA |
- Employee: Dennisse Cepeda
- Employer: JetBlue Airways Corp.
- Insurer: Starr Specialty Insurance Company
O’LEARY, J. The insurer and employee filed cross-appeals from the administrative judge’s decision awarding the employee §§34 and 35 incapacity benefits. The administrative judge ordered the insurer to pay §34 total incapacity benefits at the weekly rate of $388.63 from September 17, 2022, to March 16, 2025, based on an average weekly wage of $647.71, followed by §35 benefits at the weekly rate of $28.63 from March 17, 2025, to date and continuing, based on an average weekly wage of $647.71 and a minimum wage earning capacity of $600.00/week (Dec. 14-15.) On appeal, the insurer raises two arguments. First, the insurer argues that the administrative judge erred in finding the employee’s ongoing neck and shoulder injuries causally related to her industrial accident. Second, the insurer argues the administrative judge erred in determining that the employee was totally disabled following her industrial accident. The employee appeals on the grounds that the finding of a weekly minimum wage earning capacity of $600.00 under §35 is unsupported by law. We summarily affirm the administrative judge’s decision with respect to the issues raised by the insurer’s appeal, but agree with the employee that the administrative judge incorrectly calculated the employee’s §35 partial incapacity benefits due upon the exhaustion of her entitlement to §34 total incapacity benefits, and order payment of those benefits at the maximum rate. Accordingly, we vacate only that portion of the decision related to the calculation of the employee’s earning capacity under §35 and order the insurer to pay the employee maximum §35 benefits from March 17, 2025, to date and continuing.