Decision

Decision  Jeffrey Nolette v. Leahy Excavating Company, Inc

Date: 02/28/2020
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 019060-15
Location: Boston
  • Employee: Jeffrey Nolette
  • Employer: Leahy Excavating Company, Inc.
  • Insurer: Peerless Insurance Company

CALLIOTTE, J.  The insurer appeals from a decision ordering it to pay the employee § 34 temporary total incapacity benefits from December 11, 2015, to exhaustion, and ongoing § 34A permanent and total incapacity benefits.  The insurer argues that the judge erred by relying on a nurse practitioner’s vocational assessment, by failing to consider or adopt the insurer’s vocational expert, and by failing to allow the insurer’s Motion to Reconsider the employee’s average weekly wage.  Finding no reversible error, we affirm the decision.

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