| Date: | 05/18/2009 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 044411-00 |
| Location: | Boston |
- Employee: Fatbardh Jaho
- Employer: Sunrise Partition Systems, Inc.
- Insurer: Eastern Casualty Insurance Co.
COSTIGAN, J. The employee appeals from a decision in which the administrative judge found him permanently and totally incapacitated for a closed period, and then assigned him an earning capacity, based on inferences the judge drew from viewing him on surveillance videotapes. We agree with the employee that those inferences were impermissible, and the modification of his incapacity benefits was unsupported by subsidiary findings anchored in the evidence. Because the judge's finding of permanent and total incapacity as of October 24, 2003 is amply supported by the expert medical opinions he adopted, we affirm that finding. However, we reverse the judge's finding that the employee acquired an earning capacity as of August 14, 2005, as that finding is unsupported by any evidence of medical or vocational improvement.