Date: | 08/21/2013 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 008294-10 |
Location: | Boston |
- Employee: George Modica
- Employer: Suffolk County Sheriff's Department
- Self Insurer: Commonwealth of Massachusetts
HORAN, J. The self-insurer appeals from a decision awarding the employee §§ 34 and 35 incapacity benefits. We affirm the judge’s rejection of the self-insurer’s § 1(7A) defense, but vacate the award of § 34 benefits and recommit the case for further findings of fact on the issue of the employee’s earning capacity.