Decision

Decision  James Duran v. William Walsh, Inc.

Date: 04/24/2008
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 036763-04
Location: Boston
  • Employee: James Duran
  • Employer: William Walsh, Inc.
  • Insurer: Granite State Insurance Co.

McCARTHY, J. The insurer appeals from a decision in which the administrative judge awarded the employee, a union mover, § 34 incapacity benefits for two accepted work injuries, on November 5, 2004 and February 19, 2005. Both injuries occurred while the employee was working for the same moving company. The only issue we address is that of the employee's average weekly wage, the calculation of which was complicated by the trade practice of union movers working for several different employers. We think the judge correctly addressed this unusual issue, and affirm the decision.

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