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Decision John MacEachern v. Trace Construction Co.

Date: 02/15/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 056938-00
Location: Boston
  • Employee: John MacEachern
  • Employer: Trace Construction Co.
  • Insurer: Liberty Mutual Insurance Co.

COSTIGAN, J. The insurer appeals from an administrative judge’s decision awarding the employee § 34A permanent and total incapacity benefits and § 36 benefits for permanent loss of function of the right major arm. The insurer does not challenge the finding of permanent and total incapacity per se, but rather the award of § 34A benefits retroactive to a date some six months prior to the initial date claimed by the employee. As to the § 36 award, the insurer argues that the judge misconstrued the expert medical opinion he adopted to find a 100 percent permanent loss of function of the employee’s right major arm. Finding merit in only the first of the insurer’s arguments, we vacate so much of the award of § 34A benefits as the employee did not claim, and we affirm the award of § 36 benefits, for the following reasons.

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