| Date: | 12/09/2016 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 025545-13 |
| Location: | Boston |
- Employee: Jose F. Rocha
- Employer: LM Heavy Civil Construction LLC
- Insurer: Travelers Casualty and Surety Co.
KOZIOL, J. The employee appeals from a decision ordering the insurer to pay a closed period of § 34 temporary total incapacity benefits, from September 27, 2014 through June 19, 2015, followed by § 35 partial incapacity benefits from June 20, 2015, and continuing, at the maximum rate of $885.96, based on an average weekly wage of $2,605.041 and an earning capacity of $400.00 per week. (Dec. 12.) The employee raises three arguments on appeal, two of which require us to vacate the judge’s decision and recommit the case for further findings of fact.