| Date: | 08/13/2013 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 036058-09, 023913-09 |
| Location: | Boston |
- Employee: Karen Craig
- Employer: Bombay Duck, Concord Teacakes
- Self Insurer: Paramount Insurance, Mass Retail Merchants (SIG)
FABRICANT, J. The employee and one insurer, Mass. Retail Merchants (SIG) (hereinafter, “SIG”), appeal from an administrative judge’s decision awarding ongoing § 35 benefits from the date of the recurrence of a prior work-related injury. As we find no merit in SIG’s arguments on appeal that the judge misconstrued medical evidence or misapplied the successive insurer rule, we summarily affirm on those issues. We do, however, agree with SIG that the judge’s finding of partial incapacity is supported by the evidence. We thus affirm the decision, and address the employee’s argument that the subsidiary findings of fact compel an award of total disability benefits.