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Decision Francis Marckini v. George B.H. Macomber, Co.

Date: 12/21/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 039977-05, 002696-08
Location: Boston
  • Employee: Francis Marckini
  • Employer: George B.H. Macomber, Co.
  • Insurer: Arch Insurance Co.

HORAN, J. The insurer appeals from the judge's decision, challenging his ruling entitling the employee to potentially receive consecutive statutory1 periods of § 34 total incapacity benefits, resulting from two industrial injuries occurring in different years, for an overlapping period of work-related total incapacity.2 Because the judge set the date for commencement of the employee's entitlement to § 34 benefits for his 2004 back injury as the date following the statutory expiration of the employee's entitlement to § 34 benefits for his 2005 carpal tunnel injury, we reverse that aspect of the decision.

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1 General Laws c. 152, § 34, provides, in pertinent part:

The total number of weeks of compensation due the employee under this section shall not exceed one hundred fifty-six.

2 The judge found the employee's concurrent period of total incapacity commenced on October 29, 2008. (Dec. 11.) See discussion, infra.