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Decision

Decision  John M. Camara v. DPW Mass. Highway Department

Date: 02/20/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 075500-87
Location: Boston
  • Employee: John M. Camara
  • Employer: DPW Mass. Highway Department
  • Self Insurer: Commonwealth of Massachusetts

MCCARTHY, J. The employee appeals from a decision in which an administrative judge awarded ongoing § 34A permanent and total incapacity benefits commencing on March 13, 1999. The parties had executed an earlier § 19 agreement covering the period from February 4, 1995 to March 13, 1999, which provided for payment of § 35 partial incapacity benefits. This agreement was approved by the department. The judge’s hearing decision reformed that approved agreement, and ordered recoupment from the employee to the self-insurer. Because the judge had no authority to reform the approved agreement, we reverse the decision in part.

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