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Decision Lucine Pike v. Massachusetts Department of Mental Retardation

Date: 09/13/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 043761-03
Location: Boston
  • Employee: Lucine Pike
  • Employer: Massachusetts Department of Mental Retardation
  • Self Insurer: Commonwealth of Massachusetts

McCARTHY, J. The self-insurer appeals from an administrative judge’s decision awarding the employee ongoing partial incapacity benefits for a work-related lower back injury. The self-insurer argues the judge miscalculated the employee’s average weekly wage, and that he misapplied the earning capacity provisions of G. L. c. 152, § 35D. We address the first argument.

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