| Date: | 03/01/2024 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 039037-18 |
| Location: | Boston, MA |
- Employee: Gary Dunn
- Employer: RI Security
- Insurer: Everest National Insurance Company
O’LEARY, J. The employee appeals from the administrative judge’s decision awarding ongoing § 34 temporary total incapacity benefits and § 35 temporary partial incapacity benefits. On appeal, the employee argues that the administrative judge erred in determining an earning capacity based on an incorrect interpretation of the employee’s actual earnings. Because the administrative judge did not address the issue in this case in a manner that would enable us “to determine with reasonable certainty whether the correct rules of law have been applied to facts that could be properly found,” we vacate the decision and recommit the case for further findings on the issue of the employee’s earning capacity. See, Praetz v. Factory Mut. Eng’g and Research, 7 Mass. Workers’ Comp. Rep. 45, 47 (1993).