No. 03575395 (2000). EMPLOYEE: Long Van Le.

• Case Date: March 16, 2000
• Court: Massachusetts

Massachusetts Workers Compensation 2000. No. 03575395 (2000). EMPLOYEE: Long Van Le COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Long Van Le EMPLOYER: Boston Steel and Mfg. Co. INSURER: Mass. Manufacturing SIG c/o Managed Comp., Inc.BOARD NO. 03575395REVIEWING BOARD DECISION (Judges Smith, McCarthy and Wilson)APPEARANCES Robert M. Peyser, Esq., for the employee Robert A. Wall, Esq., for the self-insurer SMITH, J. The employee appeals from a decision of an administrative judge on his claim for § 36 specific injury benefits, which found that the employee had sustained a 45% permanent impairment to the right upper extremity, but reduced the award by 40%. The decision was silent about interest. Because the amount of the § 36(e) award was erroneous, we vacate the award and order the self-insurer to pay the correct amount, together with interest pursuant to § 50. We recite only those facts pertinent to this appeal. Long Van Le is right hand dominant. (Dec. 3.) On September 9, 1995, he injured his right upper extremity when a large steel fuel tank he and two coworkers were moving fell onto his right shoulder leaving a deep cut and causing him to lose consciousness. (Dec. 4.) The self-insurer accepted liability, paying § 34 total temporary incapacity benefits. Thereafter the self-insurer filed a complaint to discontinue or modify those benefits. The complaint was denied at a § 10A conference and the self-insurer timely appealed to a hearing de novo. Meanwhile, Long Van Le filed claims for §§ 13, 30, 34A and 36 benefits. The Department, on March 18, 1998, received the § 36(e) claim. (Dec. 2; Employee claim dated March 17, 1998.) The self-insurer's complaint and Long Van Le's claims were consolidated at hearing. (Dec. 2.) Long Van Lee underwent an impartial medical examination pursuant to § 11A. Dr. Mark Berenson issued two reports and an addendum, which were admitted into evidence. (Dec. 1-2, 9-11.) The impartial medical examiner opined that Long Van Le had a "45% impairment of his upper right extremity." (Dec. 10; Impartial Exhibit, Addendum.) The judge adopted this opinion. (Dec. 10.) In her decision, the administrative judge found as follows. Based upon the 45% loss of function of the dominant right upper extremity, I find that Mr. Le is entitled to $6799.51 (SAWW of $585.66 x 43 x .60...