|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 016660-99|
- Employee: Robert F. McCambly
- Employer: MBTA
- Self Insurer: MBTA
COSTIGAN, J. The self-insurer appeals from a decision in which an administrative judge awarded the employee § 34A permanent and total incapacity benefits for a May 6, 1999 work-related low back injury. The self-insurer argues the judge erred by failing to deem the light duty job offered by the employer suitable and available, within the meaning of § 35D,1 and by awarding a § 8(5) penalty2 for the self-insurer’s illegal modification of weekly benefits. We affirm the decision.