| Date: | 01/12/2005 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 089410-85, et al. |
| Location: | Boston |
- Employee: Domingos Sardinha
- Employer: Woodman Corp., Whaling Manufacturing Co. Inc.
- Insurer: American Mutual/MIIF, Western Employers Inc. Co./Guaranty Fund Mgmt. Serv., American Insurance, AIM Mutual Insurance
MCCARTHY, J. The employee appeals from an administrative judge's denial of his claim for workers' compensation benefits in this successive insurer case. The employee claimed various dates of aggravation injuries superimposed on accepted work injuries in 1985, 1986 and 1987. The employee appeals only as to one of the alleged aggravations, the lifting incident while working for Whaling Manufacturing ("employer") on August 31, 2000, when AIM Mutual Ins. Co. was on the risk. The employee argues that the judge did not make sufficient findings on whether a new injury occurred on that date, and erred by assigning an earning capacity equal to his last wage with the employer, prior to being laid off for non-medical reasons in 2002. We agree that recommittal is appropriate for further findings on the employee's post-layoff earning capacity.