Decision  Jessie Cooper v. Children's Hospital Medical Center

Date: 02/04/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 057153-97
Location: Boston
  • Employee: Jessie Cooper
  • Employer: Children's Hospital Medical Center
  • Self Insurer: Children's Hospital Medical Center Corp.

WILSON, J. The self-insurer appeals a decision in which the administrative judge determined that the employee was entitled to benefits under G. L. c. 152, § 34, from October 21, 1999 through April 20, 2000, followed by § 35 benefits from April 21, 2000 and continuing, based upon a weekly earning capacity of $200.00. The self-insurer asserts error in the finding of a $200.00 earning capacity, where the judge adopted vocational evidence of suitable, available employment with pay in excess of that amount. Because the judge’s conclusion on earning capacity is at variance with her subsidiary findings addressing the vocational evidence that she adopted, it is appropriate to recommit the case for further findings. See G. L. c. 152, § 11C.

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