Decision  Sherry L. Sanchez v. MBTA

Date:	07/07/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 016274-03
Location:	Boston

• Employee: Sherry L. Sanchez
• Employer: MBTA
• Self Insurer: MBTA

CARROLL, J. This appeal presents the question of whether an employee's ordinary days off should be considered in determining initial entitlement to weekly workers' compensation benefits. The judge concluded that the employee had not established a personal injury under G. L. c. 152, § 29. ¹ His reasoning was that, although the employee had arguably been incapacitated for seven days due to a work injury, the last two days of the week were days on which the employee normally would not have worked. The judge therefore concluded that the employee could not be found to have lost any compensable time from her employment due to her alleged work injury. With regard to this issue, we agree with the employee that the decision is contrary to law.

¹ General Laws c. 152, § 29, provides, in pertinent part:

No compensation pursuant to thirty-four or thirty-five shall be paid for any injury which does not incapacitate the employee from earning full wages for a period of five or more calendar days. If incapacity extends for a period of twenty-one days or more, compensation shall be paid from the date of onset of incapacity. If incapacity extends for a period of at least five but less than twenty-one days, compensation shall be paid from the sixth day of incapacity.