| Date: | 09/20/2019 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 038128-16, 034148-16 |
| Location: | Boston |
- Employee: Ozildo Goncalves Cordeiro
- Employer: Carlos Painting, Proshield Exteriors
- Insurer: Workers’ Compensation Trust Fund
KOZIOL, J. The employee appeals from a hearing decision ordering the Workers’ Compensation Trust Fund (WCTF) to pay him § 34 benefits at a rate of $301.37 per week based on a concurrent average weekly wage of $502.28 for incapacity resulting from a work-related injury sustained on September 23, 2016, while working for Carlos Painting. On appeal, the employee takes issue with the judge’s average weekly wage determination. Although we affirm the judge’s average weekly wage finding regarding Carlos Painting, we vacate the judge’s determination of the employee’s average weekly wage at the Sagamore Inn Restaurant and her related calculation of the employee’s concurrent average weekly wage.