Decision  Stephen A. Almada v. Central Concrete Corp.

Date: 01/22/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 043475-98
Location: Boston
  • Employee: Stephen A. Almada
  • Employer: Central Concrete Corp.
  • Insurer: Travelers Insurance Co.

MAZE-ROTHSTEIN, J. The employee appeals a decision awarding him a closed period of G. L. c. 152, § 34, total incapacity weekly indemnity benefits, and several closed periods of G. L. c. 152, § 35, partial incapacity benefits. As grounds, the employee argues that mischaracterization of medical evidence, and other deficits in the subsidiary findings, makes the earning capacity assignment unsound. (Employee Br. 4-7.) After a review of the evidentiary record we agree, and reverse the decision and recommit the case for further findings. See G. L. c. 152, § 11C.

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