Decision

Decision  Jesus Sanchez v. O'Connor Construction Corp.

Date: 06/13/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board Bo. 011086-99
Location: Boston
  • Employee: Jesus Sanchez
  • Employer: O'Connor Construction Corp.
  • Self Insurer: HVAC Compensation Corp.

LEVINE, J. The self-insurer appeals an award of §§ 34 and 35 benefits, alleging that the judge erred in basing the employee’s average weekly wage on one week’s projected wages with the employer, and that he further erred in setting the employee’s earning capacity without taking into consideration both the surveillance videotape submitted by the self-insurer and an increase in wages for an offered job. We find merit in the self-insurer’s first argument, and therefore reverse and recommit for further findings on the employee’s average weekly wage.

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