Decision  Stephen Hogan v. William Mascioli d/b/a Add-A-Room and Anchor Excavating/Patriot Equipment

Date:	05/17/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 042673-06, 044138-06
Location:	Boston
Referenced Sources:	Karen Cappello v. DTR Advertising, Inc. and Cricket Productions, Inc.

• Employee: Stephen Hogan
• Employer: William Mascioli d/b/a Add-A-Room, Anchor Excavating/Patriot Equipment
• Insurer: Workers' Compensation Trust Fund, Fireman's Insurance Company of Washington, D.C.

HORAN, J. In its appeal from an administrative judge's decision awarding § 34 temporary total incapacity benefits, the Workers' Compensation Trust Fund (Trust Fund) challenges only the judge's finding on issue of average weekly wage.¹ We recommit the case for further findings of fact.

¹  At hearing, the judge dismissed the claim against Firemen's, finding that Anchor Excavating was not the general contractor pursuant to G. L. c. 152, § 18, and that Steven Varasso, a partner of Anchor excavating, was not Mr. Hogan's employer. (Dec. 19) Because the Trust Fund does not challenge the judge's dismissal of the claim against Firemen's, this insurer is no longer a party to the case as of the filing date of our decision. See Cappello v. DTR Advertising, Inc., 25 Mass. Workers' Comp. rep. ___ n.1 (March 23, 2011).