| Date: | 05/26/2005 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 072311-01 |
| Location: | Boston |
- Employee: Eugene Evansek, Jr.
- Employer: Allied Systems, Ltd.
- Insurer: Lumbermen's Mutual Casualty Ins. Co.
FABRICANT, J. The insurer appeals from a decision in which an administrative judge awarded workers' compensation benefits based on a comparable employee average weekly wage under G. L. c. 152, § 1(1). We summarily affirm the decision as to all issues argued, but one. Because it is not clear if the judge's use of the average weekly wage of a senior co-worker for determining the employee's average weekly wage is contrary to law, we recommit the case for further findings on the employee's average weekly wage.