| Date: | 12/31/2018 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 009222-14 |
| Location: | Boston |
- Employee: Stephen Blomberg
- Employer: H and M Bay, Inc.
- Insurer: Zurich American Insurance
CALLIOTTE, J. The insurer appeals from a decision ordering it to pay the employee ongoing § 34 temporary total incapacity benefits for a work-related March 11, 2014, cervical injury, beginning on February 26, 2015, a few days after the employee left work. The insurer first argues that the judge’s finding the employee was totally incapacitated due to his cervical injury is arbitrary and capricious. We summarily affirm the decision as to that argument. The insurer also argues the judge erred in calculating the employee’s average weekly wage based on his prospective earnings as of the date he left work. We agree, and recommit the case for further findings of fact using the appropriate method of wage calculation.