Decision  Richard Blais v. BJ's Wholesale

Date: 05/15/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 009778-97
Location: Boston
Referenced Sources: Ella Shand v. Lenox Hotel
Stella Lyons v. Chapin Center
  • Employee: Richard Blais
  • Employer: BJ's Wholesale
  • Insurer: CNA Insurance Co.

WILSON, J. The parties cross-appeal from a decision in which an administrative judge awarded the employee G. L. c. 152, § 34, benefits for temporary, total incapacity to exhaustion, and ongoing § 35 partial incapacity benefits thereafter. We summarily affirm the decision as to the employee’s challenge to the judge’s assignment of an earning capacity. We affirm the decision as to the insurer’s appeal for the reasons that follow.

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