| Date: | 10/24/2003 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Number 056465-94 |
| Location: | Boston |
- Employee: Theodore Nadeau
- Employer: Boston University
- Self Insurer: Boston University
CARROLL, J. The employee appeals from a decision in which an administrative judge concluded that the self-insurer’s unilateral termination of G. L. c. 152, § 35, partial incapacity benefits, after paying the maximum § 35 entitlement, "was proper and was not an illegal discontinuance." (Dec. 9.) See G. L. c. 152, § 8(2)(g). The employee contends that the judge erred, as his date of injury was April 14, 1989, and he should have been able to receive up to 600 weeks of § 35 payments, rather than the 260 weeks that the self-insurer had paid him pursuant to the 1991 amendment to § 35. Compare St. 1985, c. 572, § 44, with St. 1991, c. 398, § 63. Because the employee’s return to work triggered the application of § 35B as interpreted by the Massachusetts Appeals Court in Taylor’s Case, 44 Mass. App. Ct. 495 (1998), we affirm the decision.