Decision  George Modica v. Suffolk County Sheriff's Department

Date:	08/21/2013
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.