| Date: | 06/08/2017 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | Board No. 002944-13 |
| Location: | Boston |
- Employee: Elesabeth Brandao
- Employer: Judge Rotenberg Education Center
- Insurer: AIM Mutual Insurance Company
FABRICANT, J. Both parties appeal from a decision awarding the employee weekly §§ 34 and 35 benefits. The insurer argues that the average weekly wage adopted by the judge was improper, and the judge’s calculation of the employee’s earning capacity was not based on the evidence. The employee argues the case should be recommitted so the judge can address medical benefits pursuant to §§ 13 and 30, specifically with regard to aqua therapy treatment. For the reasons that follow, we affirm the decision, in part, on the amount of the average weekly wage, and recommit only for further findings of fact regarding the employee’s earning capacity.