| Date: | 06/14/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 045362-96 |
| Location: | Boston |
| Referenced Sources: | Roger H. Piekarski v. National Non-Wovens |
- Employee: Roger Piekarski
- Employer: National Non-Wovens
- Insurer: AIM Mutual Insurance Company
LEVINE, J. The insurer appeals the decision of an administrative judge interpreting the interplay between receipt of partial incapacity benefits under § 35 of the workers’ compensation statute and receipt of unemployment benefits. The insurer argues that § 36B requires that unemployment benefits be deducted from the awarded § 35 weekly partial incapacity benefits, rather than, as the judge ruled, from the amount of § 34 benefits that would be payable, had the employee been entitled to them. We agree with the insurer and reverse the decision on this issue.