| Date: | 09/21/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 021065-97 |
| Location: | Boston |
- Employee: Walter Paschal
- Employer: Lechmere Co.
- Insurer: Reliance Insurance Company
WILSON, J. The employee appeals from a decision in which an administrative judge awarded him ongoing partial incapacity benefits for an industrial injury to his knee. The employee contends that the judge erred by reducing his §34 weekly benefits for total incapacity to §35 benefits for partial incapacity as of the date the §10A conference order issued, that the modification of benefits was arbitrary and capricious, and that a §13A(5) attorney’s fee was due. We disagree, and discuss each point in turn in affirming the decision.