| Date: | 04/19/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 044307-98, 054027-98 |
| Location: | Boston |
- Employee: Peter Whalen
- Employer: Mohawk Construction Co. Inc. and Bidgood Associates
- Insurer: Phoenix Insurance Co./Travelers Property Casualty Corp. and Reliance Insurance Company
MCCARTHY, J., The employee, Peter Whalen, appeals a hearing decision of an administrative judge which awarded a closed period of weekly temporary total incapacity § 34 benefits and ongoing weekly partial incapacity payments pursuant to § 35. Mr. Whalen claims that the earning capacity assigned by the administrative judge is not supported by the subsidiary findings and questions the date set by the judge to establish a weekly earning capacity of $245.00.