Decision  Philip Vo v. M.B.T.A.

Date:	06/07/2021
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 009731-17
Location:	Boston, MA

• Employee: Philip Vo
• Employer: M.B.T.A.
• Self Insurer: M.B.T.A

KOZIOL, J.   The parties cross-appeal from a hearing decision ordering the self-insurer to pay the employee weekly incapacity benefits consisting of § 34 total incapacity from April 26, 2017 to December 12, 2017, and § 35 partial incapacity benefits from December 13, 2017 and continuing, based on a minimum wage earning capacity. ¹  The judge also ordered the self-insurer to pay §§ 13 and 30 medical benefits for treatment of the employee’s left upper extremity, and ordered the self-insurer to credit itself with benefits it paid pursuant to the judge’s October 26, 2017, conference order.  (Dec. 10.)  Finding no error in the judge’s decision awarding the employee weekly incapacity and medical benefits as a result of his left upper extremity injury, we summarily affirm the decision as to all issues raised by the self-insurer on appeal and all but one of the issues raised by the employee on appeal.   We therefore address only the employee’s argument that he is entitled to the payment of interest on the benefits awarded at hearing.

 

¹ The self-insurer was ordered to pay the employee § 34 benefits at a rate of $1,057.66 per week based on an average weekly wage of $1,762.76 per week. The judge’s award of § 35 benefits incorporated the statutory changes to the minimum wage, resulting in an order to pay varying amounts of § 35 benefits during the time period encompassed by the § 35 award.  For the period from December 13, 2017 to December 31, 2017, the judge ordered the self-insurer to pay the employee § 35 benefits at a rate of $841.66 per week based on a $360.00 per week earning capacity.  From January 1, 2018 to December 31, 2018, the self-insurer was ordered to pay the employee § 35 benefits at a rate of $817.66 based on a $400.00 per week earing capacity.  From January 1, 2019 and continuing, the self-insurer was ordered to pay the employee § 35 benefits at a rate of $739.66 per week based on a $440.00 per week earning capacity. (Dec. 10.)