| Date: | 07/09/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 58795-94 |
| Location: | Boston |
| Referenced Sources: | William McCarty v. Wilkinson & Co. |
- Employee: William McCarty
- Employer: Wilkinson & Co.
- Insurer: National Union Fire Insurance
CARROLL, J. In this case’s third visit to the reviewing board, the most recent hearing decision following recommittal is the subject of cross-appeals. See McCarty v. Wilkinson & Co., 11 Mass. Workers’ Comp. Rep. 285 (1997) and 15 Mass. Workers’ Comp. Rep. 76 (2001). We summarily affirm the decision as to all of the insurer’s arguments. We see merit in one of the employee’s arguments on appeal, regarding the administrative judge’s reassessment of the employee’s earning capacity from the § 11A medical examination date, September 13, 1995, to date and continuing. Because the evidence in the record fails to support the judge’s earning capacity assignment, we recommit the case once more.