| Date: | 06/11/2021 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 038362-16 |
| Location: | Boston, MA |
- Employee: Linton Rattray
- Employer: Fresenius Medical Care
- Insurer: American Casualty of Reading, PA
FABRICANT, J. The parties appeal from a decision awarding the employee a closed period of weekly benefits pursuant to § 34, continuing weekly benefits pursuant to § 35, and medical benefits pursuant to §§ 13 and 30. The employee claims error in the adoption of certain vocational evidence alleged to be purely “medical” in nature, as well as error in the mischaracterization of the opinion of the § 11A impartial physician. The insurer, in turn, argues that the judge erred in awarding § 35 benefits and assigning a specific earning capacity without any underlying analysis in support of that award. For the reasons that follow, we vacate the award of § 35 benefits, recommit for further findings regarding disability and extent thereof from January 23, 2019 to date and continuing, and summarily affirm the judge’s decision on all other issues.