In a recent appeal involving a dispute over an injured employee’s weekly wage, the Massachusetts Department of Industrial Accidents, Reviewing Board, held that since the employee had not appealed a conference order, he was not entitled to a better result than what he had received in that order. The Board examined whether the judge had properly adjusted the employee’s award upward, without an appeal by the employee.
In this case, the employee worked as a carpenter and was injured at work when moving a large piece of machinery that tipped. His claim for benefits was granted, since there was not a dispute regarding his coverage under workers’ compensation, nor was there a dispute regarding liability for his injury. After the insurer for his employer began paying weekly benefits, based on a weekly wage of $800.00 a week, the employee then sought an adjustment to his wage.