Read Full Decision Here
Excerpts
The parties have stipulated to the following facts: (1) The Act applies to this claim; (2)
Blodgett suffers from a lung injury; (3) The injury occurred at the Electric Boat Shipyard in
Groton, Connecticut; (4) The injury arose out of and in the course of Blodgett’s employment
with EBC; (5) There was an Employer/Employee relationship at the time of the injury; (6) The
Employer was timely notified of the injury; (7) The claim was timely filed; (8) The Notice of
Controversion was timely filed; (9) The Informal Conference was conducted on June 10, 2011;
and (10) Blodgett has not returned to his usual employment. ALJX-7.
The remaining issues for my determination are Blodgett’s status as a voluntary retiree,
the extent of his disability, and his average weekly wage. Upon consideration of the record as a
whole, I find that Blodgett is entitled to permanent and total disability compensation benefits and
medical benefits under the Act.
Conclusion
The Act provides that “[i]n case of total disability adjudged to be permanent 66 and 2/3’s
per centum of the average weekly wages shall be paid to the employee during the continuance of
such total disability.” 33 U.S.C. § 908(a). Pursuant to section 8(a), Blodgett is entitled to two thirds his AWW of $924.35, or $616.23 per week, from June 21, 2010 until the present and
continuing
No comments:
Post a Comment