Decision Margaret Beverly v. MBTA

Date: 12/24/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 004075-01
Location: Boston
  • Employee: Margaret Beverly
  • Employer: MBTA
  • Self Insurer: MBTA

MCCARTHY, J. An unusual twist in the self-insurer’s appeal of a decision awarding the employee § 35 benefits is the employee’s agreement that the case needs to be recommitted to the administrative judge for further findings on how it was that he concluded the employee could earn $227.98 per week. Not wanting to stand in the way of such a meeting of the minds, we add our voice to the consensus for recommittal. However, we also agree with the self-insurer that the decision has other problems that the judge must tackle on recommittal.

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