Decision  Guei Fang Zhang v. Midtown Home Health Services, Inc.

Date:	09/27/2005
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 015366-00
Location:	Boston

• Employee: Guei Fang Zhang
• Employer: Midtown Home Health Services, Inc.
• Insurer: Eastern Casualty Insurance Company

CARROLL, J. In an unusual reversal of roles, the employee is the appellant from a decision awarding her permanent and total incapacity benefits for her January 2000 industrial injury. The employee's issue on appeal is that the judge erred by neglecting to award her benefits at a compensation rate in accordance with the adjustment available under G. L. c. 152, § 51A.¹ We agree that the judge's order should have reflected the rate of compensation available to the employee as of the date the decision was filed. We therefore vacate the judge's order, and award the employee benefits at the minimum compensation rate in effect on the December 29, 2004 filing date.²

 

 

¹ General Laws c. 152, § 51A, provides:

In any claim in which no compensation has been paid prior to the final decision on such claim, said final decision shall take into consideration the compensation provided by statute on the date of the decision, rather than the date of the injury.

 

² General Laws c. 152, § 34A, provides:

While the incapacity for work resulting from the injury is both permanent and total, the insurer shall pay to the injured employee, following payment of compensation provided in sections thirty-four and thirty-five, a weekly compensation equal to two-thirds of his average weekly wage before the injury, but not more than the maximum weekly compensation rate nor less than the minimum weekly compensation rate.