| Date: | 04/09/2004 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 033371-99 |
| Location: | Boston |
- Employee: Maribel Paredes
- Employer: M. DeMatteo Construction
- Insurer: National Union Fire Insurance Co.
LEVINE, J. The parties cross-appeal an administrative judge's decision awarding the employee ongoing G. L. c. 152, § 35, partial incapacity benefits for an August 30, 1999 industrial injury. The insurer argues that the judge erred by assigning an average weekly wage under § 1(1) in accordance with the "prevailing wage" statute, G. L. c. 149, §§ 26 and 27. We summarily affirm the decision as to that issue. McCarty v. Wilkinson & Co., 11 Mass. Workers' Comp. Rep. 285 (1997). The employee argues that the judge erred by failing to apply § 51A to award compensation in accordance with the rates applicable as of the filing date of the judge's hearing decision. In the circumstances of this case, we agree, and reverse the decision as to that issue.