Decision  Stanley E. Walker v. Town of Barnstable

Date:	11/30/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 033904-95
Location:	Boston
Referenced Sources:	Stanley Walker v. Town of Barnstable Stanley Walker v. Town of Barnstable

• Employee: Stanley E. Walker
• Employer: Town of Barnstable
• Self Insurer: Town of Barnstable

CARROLL, J. The self-insurer appeals from a decision in which an administrative judge awarded the employee § 36 specific injury benefits at a rate adjusted by the application of § 51A.¹  The self-insurer contends that § 51A did not apply to the employee’s claim, because it had already paid some amount of the § 36 entitlement claimed. We agree that § 51A should not have been applied in the manner it was, and reverse the decision. However, we order that it be applied in the manner discussed below.

¹  General Laws c. 152, § 51A, provides:

In any claim in which no compensation has been paid prior to the final decision on such claim, said final decision shall take into consideration the compensation provided by statute on the date of the decision, rather than the date of the injury.