A Massachusetts appellate court recently affirmed a decision by the Department of Industrial Accidents, Reviewing Board that reduced an injured employee’s initial weekly benefits award based on her work-related injury. According to the appellate court, the judge’s second order had not been “in opposition” to the earlier order but had addressed and rectified the omitted calculation of the employee’s earning capacity. In other words, while the second order did reduce the weekly workers’ compensation benefits paid by the insurer to the employee, this was only because the first order had erred by not factoring the employee’s earning capacity into the award.
After alleging that she had suffered from bilateral carpal tunnel syndrome since June 2011, the workers’ compensation claimant in this case filed a workers’ compensation claim in July 2011. She claimed total temporary incapacity as a result of her injury.