Date: | 04/30/2007 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 046676-03 |
Location: | Boston |
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.