| Date: | 11/01/2023 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 007160-20 |
| Location: | Boston, MA |
- Employee: Robert Kilgore
- Employer: City of Boston
- Self Insurer: City of Boston
FABRICANT, J. The employee appeals from the administrative judge’s award of Section 35 benefits at the weekly rate of $562.54, based upon an average weekly wage of $1,657.56 and an earning capacity of $720.0 per week, from August 3, 2020, to date and continuing. (Dec. 12.) The employee raises two related issues on appeal: 1) the finding of an earning capacity of $18.00 per hour for 40 hours per week; and 2) the assignment of the earning capacity from August 3, 2020, to date and continuing. Because the adopted evidence supports the judge’s findings on both issues, we affirm the decision.