Decision Eugene Evansek, Jr. v. Allied Systems, Ltd.

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.

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