Decision  Patrick McEneaney v. Modern Continental Construction

Date:	10/16/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 021002-01
Location:	Boston

• Employee: Patrick McEneaney
• Employer: Modern Continental Construction
• Insurer: Travelers Insurance Company

HORAN, J. The employee appeals from a decision denying and dismissing his claim to adjust his § 34A¹ benefit award by the application of § 51A.² We affirm the decision.

¹  General Laws c. 152, § 34A, provides:

While the incapacity for work resulting from the injury is both permanent and total, the insurer shall pay to the injured employee, following payment of compensation provided in sections thirty-four and thirty-five, a weekly compensation equal to two-thirds of his average weekly wage before the injury, but not more than the maximum weekly compensation rate nor less than the minimum weekly compensation rate.

²  General Laws c. 152, § 51A, provides:

In any claim in which no compensation has been paid prior to the final decision on such claim, said final decision shall take into consideration the compensation provided by statute on the date of the decision, rather than the date of the injury.