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Decision

Decision  Nancy J. Pasquale v. Benchmark Assisted Living, LLC

Date: 03/13/2015
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 039096-05
Location: Boston
  • Employee: Nancy J. Pasquale
  • Employer: Benchmark Assisted Living, LLC
  • Insurer: Transportation/CNA Insurance Company

HORAN, J. The insurer appeals from a decision discontinuing the employee’s § 34 benefits as of May 10, 2007, but awarding § 35 benefits from that date forward.1 We affirm the decision in part, and recommit the case for further findings concerning the employee’s earning capacity.

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1 The judge also awarded the employee §§ 13 and 30 benefits, a § 8(1) penalty, and an enhanced attorney’s fee pursuant to § 13A(5). The insurer does not challenge these awards on appeal.

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