Decision  Patrick Saletnik v. I-Log

Date:	11/21/2002
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 029730-99
Location:	Boston

• Employee: Patrick Saletnik
• Employer: I-Log
• Insurer: American Auto Insurance Company

LEVINE, J. The employee appeals from a decision in which an administrative judge denied his claim for partial incapacity benefits. The employee challenges the judge’s conclusion that his receipt of a $97,691.00 bonus check during the period in which he was claiming § 35 benefits reflected a general ability to earn, i.e., "[t]he earnings that the employee is capable of earning," under G. L. c. 152, § 35D(4) . (Dec. 3-4.) We affirm.¹

¹ We summarily affirm the decision as to the employee’s claim for a § 8(5) penalty.