Decision  Nilso Perez v. Aguila Construction Co.

Date:	01/29/2016
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 034365-09
Location:	Boston

• Employee: Nilso Perez
• Employer: Aguila Construction Co.
• Insurer: American Zurich Insurance Co.

HARPIN, J. The employee appeals from a decision awarding him a closed period of §§ 34 and 35 benefits,¹ arguing the judge erred in his calculation of the average weekly wage and finding that the industrial injury was not a major cause of disability or need for treatment² after September 1, 2011, based on a surveillance video. We affirm the calculation of the average weekly wage, and reverse the finding of no causal relationship to the industrial accident after the date of surveillance.

¹  The insurer was also ordered to pay medical benefits, interest, and an enhanced attorney’s fee. (Dec. 15-16.)

²  The insurer’s defense of § 1(7A) was properly raised at the onset of the hearing and considered by the judge.