Decision  Eric Etienne v. G. M. C. Masonry Co., Inc.

Date:	02/29/2000
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 33583-93
Location:	Boston

• Employee: Eric Etienne
• Employer: G. M. C. Masonry Co., Inc.
• Insurer: Liberty Mutual Insurance Co.

WILSON, J. The insurer appeals from a decision in which the administrative judge awarded §34A benefits at rates reflecting the expectation of wage increases in accordance with the provisions of §51.¹ The insurer contends that the judge’s application of §51 was contrary to law. We agree. We reverse the adjustments to the employee’s average weekly wage, and award benefits based on the employee’s average weekly wage under §1(1).

¹ General Laws c. 152, § 51, 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.