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Decision

Decision  Donald Kinder v. Lance, Inc.

Date: 11/19/1999
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 001660-95
Location: Boston
  • Employee: Donald Kinder
  • Employer: Lance, Inc.
  • Insurer: Commercial Union Insurance Co.

MCCARTHY, J. Commercial Union Insurance Company appeals from a decision in which an administrative judge awarded Mr. Kinder weekly compensation benefits based on an average weekly wage that included his earnings from "concurrent" employment in Rhode Island. Because such earnings were not derived from the employee’s service to an employer insured "for the payment to his employees by an insurer of the compensation provided for by this chapter," they were improperly included in Mr. Kinder’s average weekly wage. See G.L. c. 152, §§ 1(1) and 1(6). On that basis, and in light of the recent decision in Letteney’s Case, 429 Mass. 280 (1999), we reverse the decision.1

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1 The judge did not have the advantage of the Letteney court’s analysis at the time he wrote this decision.

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