| Date: | 05/31/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 071159-90 |
| Location: | Boston |
- Employee: John Kerrigan
- Employer: Commercial Masonry Corp.
- Insurer: Liberty Mutual Insurance Co.
LEVINE, J. The employee appeals the decision of an administrative judge denying his claim for an increase in his weekly wage pursuant to §51; he contends that he was of such age and experience that his wages would have been expected to increase under natural conditions in the open labor market. He also appeals the award of ongoing §34 weekly benefits, arguing that it is irrational and inequitable for him to receive less under §34, for which there is no cost of living adjustment (COLA), than under §35, for which there is such an adjustment. Alternatively, he argues that he should not be required to repay overpayments made as a result of his receipt of COLA. We disagree and affirm the decision.