| Date: | 10/25/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 052080-95, 030478-96 |
| Location: | Boston |
- Employee: Elizabeth Fitzgerald
- Employer: Special Care Nursing Service
- Insurer: Reliance National Indemnity
MAZE-ROTHSTEIN, J. The insurer appeals from a decision that awarded the employee closed periods of partial and temporary total incapacity benefits, and ongoing partial incapacity benefits. The insurer argues that including travel reimbursements along with an additional hourly wage paid in lieu of that travel payment, in the employee’s average weekly wage was contrary to law. The insurer also argues that the calculation of the employee’s earning capacity for the purposes of the G.L. c. 152, § 35 awards – which the judge based on the employee’s actual earnings for each week – is erroneous. We recommit the decision for the following reasons.