| Date: | 07/15/2009 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 043531-04 |
| Location: | Boston |
- Employee: Paul Holloway
- Employer: R.M. Sullivan Transportation
- Insurer: A.I.M. Mutual Insurance Co.
McCARTHY, J. The employee appeals from a decision in which the administrative judge granted the insurer's request to modify § 34 benefits and assigned an earning capacity of $320. The employee contends that because the judge did not cite a "factual source" to support the amount of the earning capacity assigned, recommittal is required. See Eady's Case, 72 Mass. App. Ct. 724 (2008); Dalbec's Case, 69 Mass. App. Ct. 306 (2007). The employee also argues, without much elaboration, that the judge failed to make the vocational findings required under Frennier's Case, 318 Mass. 635 (1945)(age, education, training and work experience). We agree with the employee's contention that the judge's vocational findings are inadequate, and recommit the case for further findings on that issue.