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Decision

Decision  Kenneth Arsenault v. Ostrow Electric Company

Date: 06/02/2011
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 036290-00
Location: Boston
  • Employee: Kenneth Arsenault
  • Employer: Ostrow Electric Company
  • Insurer: Hanover Insurance Company

LEVINE, J. The employee appeals from a decision denying his claim for three years of retroactive application of the wage enhancement benefit available pursuant to G. L. c. 152, §51.2  For reasons that follow, we affirm the decision.3

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1  Judge Koziol recused herself from this case.

2  General Laws c. 152, § 51, provides, in pertinent part:

Whenever an employee is injured under circumstances entitling him to compensation, if it be established that the injured employee was of such age and experience when injured that, under natural conditions, in the open labor market, his wage would be expected to increase, that fact may be considered in determining his weekly wage.

3  In addition to the present decision, (Dec. II), an earlier decision, (Dec. I), filed on March 16, 2006, is relevant to this appeal.

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