|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 046676-03|
|Referenced Sources:||Reginald Eason v. Symmetricom Corp.|
- Employee: Reginald Eason
- Employer: Symmetricom Corp.
- Insurer: North River Insurance Co.
FABRICANT, J. The insurer appeals from a decision in which an administrative judge awarded the employee ongoing partial incapacity benefits for a December 19, 2003 industrial injury to his back. Because the judge’s calculation of the employee’s post-injury earning capacity does not comply with the statutory formula for determining such amounts under G. L. c. 152, § 35D, we recommit the case for further findings on the employee’s earning capacity.