Decision  Edward Klimek v. Wilbraham Toyota Volkswagen

Date:	11/14/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 050106-95
Location:	Boston

• Employee: Edward Klimek
• Employer: Wilbraham Toyota Volkswagen
• Insurer: Hanover Insurance Company

MAZE-ROTHSTEIN, J. The employee appeals a decision denying entitlement to a wage adjustment under the provisions of G. L. c. 152, § 51.¹ On appeal, he contends that it was error, under that section, to deny him the requisite wage increase due to his post-injury failure to obtain specific advanced training certifications. He also argues that his wages were expected to increase, regardless of advancement training, warranting an award pursuant to § 51. Because his arguments have merit, we reverse the decision and recommit the case for further findings. See G. L. c. 152, § 11C.

1 General Laws c. 152, § 51, as amended by St. 1991, c. 398, §78, provides:

Whenever an employee is injured under circumstances entitling him to compensation, if it be established that the injured employee was of such age and experience when injured that, under natural conditions, in the open labor market, his wage would be expected to increase, that fact may be considered in determining his weekly wage. A determination of an employee’s benefits under this section shall not be limited to the circumstances of the employee’s particular employer or industry at the time of injury.