Decision

Decision  Edgar Jaillet v. Marten Transport, Ltd.

Date: 01/25/2012
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 014803-09
Location: Boston
  • Employee: Edgar Jaillet
  • Employer: Marten Transport, Ltd.
  • Insurer: ACE American Insurance Co.

HORAN, J. The insurer appeals from a decision in which the administrative judge found the employer’s job offer was not “suitable” within the meaning of G. L. c. 152, §§ 35D(3) and (5).1 We affirm.2

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1Those sections provide, in pertinent part:

For the purposes of sections thirty-four, thirty-four A and thirty-five, the weekly wage the employee is capable of earning, if any, after the injury, shall be the greatest of the following: --

(3) The earnings that the employee is capable of earning in a particular suitable job; provided, however, that such job has been made available to the employee and he is capable of performing it.

                                                          . . .

(5) Implementation of this section is subject to the procedures contained in section eight. For the purposes of this chapter, a suitable job or employment shall be any job that the employee is physically and mentally capable of performing, including light work, considering the nature and severity of the employee’s injury, so long as such job bears a reasonable relationship to the employee’s work experience, education, or training, whether before or after the employee’s injury.

2 The insurer also argues the judge erred when he relied on the impartial medical examiner’s opinion to award § 35 benefits for the thirty-seven week period prior to the § 11A(2) examination. We summarily affirm the decision on this issue for substantially the same reasons as set forth in the employee’s brief at pages 13-18.

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