Date: | 01/30/2001 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 023476-95 |
Location: | Boston |
- Employee: John Jackson
- Employer: Raytheon Company
- Self Insurer: Raytheon Company
LEVINE, J. The employee and the self-insurer both appeal an administrative judge’s decision awarding the employee ongoing §35 partial incapacity benefits for his work-related back injury. The employee contends that the judge erred by failing to award the §34A permanent and total incapacity benefits that he sought.1 We summarily affirm the decision with regard to the denial of that claim. The self-insurer contends that the judge erred when he selected the date on which the employee’s §34 benefits were exhausted as the date to begin the §35 benefits, as that date is not grounded in the evidence. We agree, and we recommit the case for further findings on the issue of when the employee’s entitlement to §34 benefits ended and his entitlement to §35 benefits began.