| Date: | 08/26/2010 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 020945-05 |
| Location: | Boston |
- Employee: Leo W. MacDougall, Jr.
- Employer: Harding and Smith
- Insurer: National Union Fire Insurance Co.
KOZIOL, J. The insurer appeals from a decision awarding the employee § 34A permanent and total incapacity benefits, enhanced by the application of § 51A. The insurer argues only that the § 51A adjustment was contrary to law. For the reasons stated in McEneaney v. Modem Continental Constr., 23 Mass. Workers' Comp. Rep. 319, 323-326 (2009), we agree § 51A does not apply to the employee's claim, and we vacate only that part of the award.