| Date: | 06/27/2017 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | Board No. 010361-12 |
| Location: | Boston |
- Employee: Ronan Staff
- Employer: Lexington Builders, Inc.
- Insurer: Associated Employers Ins., Holly B. Anderson, Esq.
- Attorney for Employee: Beth R. Levenson, Esq.
KOZIOL, J. The primary issue in controversy in this accepted case is the proper amount of the employee’s average weekly wage. The insurer appeals from the judge’s hearing decision requiring it to pay the employee benefits based on an average weekly wage of $1,726.37. The insurer argues that because the employee did not appeal from the conference order and never sought leave to file a late appeal, he could not obtain a better result than the $1,490.33 average weekly wage ordered at conference. It also argues the judge erred by making findings that the employee injured his right knee as a result of the industrial accident, because the sole issue in controversy was the employee’s average weekly wage. We agree on both counts.