| Date: | 08/29/2019 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 022066-12, 003541-16 |
| Location: | Boston |
- Employee: Patrick Heilig
- Employer: Verizon
- Insurer: New Hampshire Insurance
FABRICANT, J. The case is presented on cross-appeals from a decision in which the administrative judge denied the employee’s claim of a second injury dated April 18, 2013, and ordered § 34 benefits from January 1, 2016, through January 26, 2017, followed by ongoing § 35 benefits, from January 27, 2017, based on an August 2, 2012, industrial injury. For the reasons that follow, we vacate the award of § 34 benefits for the period from January 1, 2016, to January 27, 2017, and order payment of maximum partial incapacity benefits for that time period. We affirm the decision on all other issues.