| Date: | 03/09/2004 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIS Board Nos. 009426-01, 011191-99 |
| Location: | Boston |
- Employee: Frederick Rhodes
- Employer: Massachusetts Turnpike Authority
- Self Insurer: Massachusetts Turnpike Authority
MCCARTHY, J. The employee challenges an administrative judge’s failure to increase his average weekly wage for his second work-related injury by applying the principles enunciated in Louis’s Case, 424 Mass. 136 (1997). The employee claims that, even though the parties stipulated to an average weekly wage for each of his two work injuries, the judge should have determined his average weekly wage for his second injury by adding the amount of the weekly § 35 partial incapacity benefits ordered at hearing for his first work injury to his part-time earnings at the time of his second injury. We agree that Louis’s Case, supra, is applicable and, for the following reasons, recommit the case to the administrative judge to give him the opportunity to apply it.