Decision

Decision  John Jackson v. Raytheon Company

Date: 01/30/2001
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.

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1 The present proceedings began when the self-insurer filed a complaint to modify or discontinue compensation; at hearing, the employee's claim for §34A benefits was joined. (Dec. 637.)

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