| Date: | 02/27/2009 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No.: 024722-04 |
| Location: | Boston |
| Referenced Sources: | Mary Jane Doonan v. Pointe Group Health Care (2014) |
- Employee: Mary Jane Doonan
- Employer: Pointe Group Health Care and Senior Center
- Insurer: AIM Mutual Insurance Co.
FABRICANT, J. The parties cross-appeal from a decision awarding the employee a closed period of § 34 total incapacity benefits, followed by ongoing § 35 partial incapacity benefits. We summarily affirm the decision as to the employee's appeal, as it challenges what the insurer concedes are scrivener's errors in incapacity change dates. The insurer has acknowledged these errors, and has paid benefits in accordance with the corrections asserted by the employee. (Ins. br. 18, n. 6) However, finding merit in the insurer's argument that the judge's earning capacity findings are arbitrary and capricious, we recommit the case for further findings.