| Date: | 04/14/2021 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 018499-16 |
| Location: | Boston |
- Employee: John B. O'Connor
- Employer: MBTA
- Self Insurer: MBTA
LONG, J. The self-insurer appeals from a hearing decision ordering a closed period of § 34 temporary total incapacity benefits, continuing § 35 temporary partial incapacity benefits, and §§ 13 and 30 medical benefits. The self-insurer presents three issues on appeal, two of which require discussion, while the other is summarily affirmed. The first error alleged is the denial of the § 1(7A) defense based on the finding that two injuries in 1981 and 1992, sustained during the employee’s prior employment as a Massachusetts State Trooper, were compensable work-related injuries. The self-insurer also claims error with the judge’s assignment of partial disability and the earning capacity. Finding merit in the self-insurer’s arguments regarding the assignment of a partial disability and earning capacity, we vacate the decision and recommit the case to the administrative judge for further findings of fact consistent with the instructions contained herein.