| Date: | 02/14/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 027811-96 |
| Location: | Boston |
- Employee: Muriel Cassidy
- Employer: Sodexho USA
- Insurer: Travelers Casualty & Surety Co.
WILSON, J. Muriel Cassidy appeals from a decision in which an administrative judge denied her claim for further weekly incapacity benefits for an accepted industrial injury that occurred while the employee was moving furniture in June 1996. The judge credited the employer’s testimony that Ms. Cassidy had been offered a light duty job, and "[a]s she did not take it, she is not entitled to weekly benefits under section 35D(3)." (Dec. 5.) Because the judge erred in finding that the employer’s job offer satisfied the requirements of §35D(3), we reverse and recommit the case for further findings.