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Decision Leo W. MacDougall, Jr. v. Harding and Smith

Date: 02/26/2018
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.

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