| Date: | 09/10/2009 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 046978-05, 042793-05, 047275-05 |
| Location: | Boston |
- Employee: Ruben Guzman
- Employer: ACT Abatement Corporation and Emanuel Corp.
- Insurer: Commerce & Industry Insurance, Workers' Compensation Trust Fund
COSTIGAN, J. Commerce & Industry Insurance, the insurer of ACT Abatement Corporation, (hereinafter Commerce/ACT), appeals from an administrative judge's decision ordering it to pay the employee ongoing weekly incapacity benefits. Commerce/ACT maintains the judge erred by 1) vacating a stipulation as to average weekly wage, 2) awarding the employee's attorney an enhanced fee of $17,000, and 3) finding the employee totally incapacitated. For the reasons that follow, we agree the judge erred by disregarding the stipulation and finding a new average weekly wage, without notice to the parties. Therefore, we vacate the average weekly wage determination and recommit the case for further evidence and findings on that issue. We affirm the decision as to the award of an enhanced legal fee and the finding of total incapacity.