| Date: | 07/07/2011 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 039444-06 |
| Location: | Boston |
- Employee: Jose Lopez
- Employer: Wilson Farms, Inc.
- Insurer: Massachusetts Retail Merchants SIG
HORAN, J. The employee appeals from a decision awarding him a closed period of § 34 total incapacity benefits and ongoing § 35 partial incapacity benefits. He challenges the evidentiary basis for the judge’s assignment of a $320 weekly earning capacity for sixteen hours of work. We vacate the decision and recommit the case for further findings of fact.