|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 043761-03|
- 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.