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Decision Jean Anitus v. Naratone Security Corporation

Date: 09/08/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 015203-07
Location: Boston

KOZIOL, J. The employee appeals from a decision ordering payment of a closed period of § 34 total incapacity benefits, followed by a closed period of § 35 partial incapacity benefits ending on March 12, 2008, the date of the § 11A impartial medical examination. The judge ordered the termination of weekly benefits based on his conclusion the employee had attained the capacity to earn his pre-injury average weekly wage of$1,277.73. On appeal, the employee argues the judge erred by failing to provide a factual source to support the conclusion that he has the capacity to earn his pre-injury average weekly wage. Eady's Case, 72 Mass. App. Ct. 724 (2008); Dalbec's Case, 69 Mass. App. Ct. 306 (2007). We agree, and recommit the case for further findings of fact.

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