Decision  Michael LaFrance v. Department of Corrections - M.C.I. Shirley

Date:	08/25/2025
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No.: 037688-20
Location:	BOSTON, MA

• Employee: Michael LaFrance
• Employer: Department of Corrections - M.C.I. Shirley
• Self Insurer: Commonwealth of Massachusetts

FABRICANT, J. The self-insurer appeals from the administrative judge’s decision awarding maximum § 35 partial incapacity benefits from June 23, 2023, to the present and continuing,¹ with commensurate §§ 13 and 30 medical benefits. The assigned earning capacity of $300.00 is based upon a calculation made by the judge that limited the employee’s work capability to just 20 hours per week. Although the evidence in this case is replete with support for the finding of partial disability, the medical evidence does not support the finding of a time limitation on the employee’s activities as referenced in the judge’s decision, and the judge provides no other subsidiary findings of fact supporting the reduction in hours. Therefore, for the reasons addressed below, we reverse the judge’s finding limiting the employee’s earning capacity to just 20 hours per week and recommit for further findings of fact.

¹ The judge awarded maximum § 35 benefits in the amount of $842.02, based upon a $300.00 weekly earning capacity and an average weekly wage of $1,871.16. (Dec. 28.)