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Decision Jose F. Rocha v. LM Heavy Civil Construction

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.


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