Decision Stephen Foreman v. Highway Safety Systems

Date: 07/19/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 017729-02
Location: Boston
  • Employee: Stephen Foreman
  • Employer: Highway Safety Systems
  • Insurer: American Home Assurance/A.I.G.

McCARTHY, J. Stephen Foreman appeals from a decision in which an administrative judge awarded him a closed period of § 35 partial incapacity benefits; medical benefits under § 30 and attorney's fees and costs. We are satisfied that there is ample evidence in support of the judge's finding that an incapacitating industrial injury occurred. However, we agree with the employee that the decision requires a second look for further findings on average weekly wage, extent of incapacity and any penalty that may be due pursuant to § 8(1). Therefore, we reverse the decision in part and recommit the case for hearing de novo before a different administrative judge on the issues discussed below.1



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1The judge who wrote the decision no longer serves with the department.