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Decision Reginald Eason v. Symmetricom Corp.

Date: 04/30/2007
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.

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