| Date: | 04/16/2021 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 012231-15 |
| Location: | Boston, MA |
- Employee: Neil Eversley
- Employer: Marathon Moving Company
- Insurer: Vanliner Insurance Company
CALLIOTTE, J. Both parties appeal from a decision awarding the employee the remainder of his § 34 benefits to exhaustion, § 34A benefits for approximately ten months, and ongoing § 35 benefits thereafter. The employee maintains the judge erred in finding him partially, rather than totally, incapacitated. The insurer argues that the judge erred in finding the employee was entitled to § 35 benefits at the maximum compensation rate, and by failing to address a written job offer made to the employee. We summarily affirm the decision with respect to the employee’s argument. However, finding merit in the insurer’s arguments, we recommit the case for further findings.