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Decision

Decision  Robert Dawson v. D. Cronin's Welding Co.

Date: 03/23/2009
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 040532-06
Location: Boston
  • Employee: Robert Dawson
  • Employer: D. Cronin's Welding Co.
  • Insurer: Arbella Protection Ins. Co.

KOZIOL, J. The employee appeals from a decision awarding him weekly incapacity and medical benefits for a December 27, 2006 injury.1 His appeal challenges the determination of his average weekly wage as $389.57. The employee claims the judge not only erred as a matter of law in computing that figure, but also failed to resolve issues of witness credibility and make necessary findings of fact. We agree with both contentions.

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1 The employee was awarded § 34 total incapacity benefits from December 27, 2006 through May 28, 2007, and § 35 partial incapacity benefits from May 29, 2007 and continuing, based on a $300.00 weekly earning capacity and an average weekly wage of $389.57. (Dec. 269.)

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