Cassola's Case

A single justice of this court reported to us the employee’s appeal from a decision of the reviewing board of the Department of Industrial Accidents (reviewing board) affirming the decision of an administrative judge denying the employee partial incapacity compensation benefits pursuant to G. L. c. 152, § 35. The administrative judge ruled in denying the employee’s claim that he had earned in excess of his pre-injury average weekly wage during the period of time at issue.

1. Undisputed facts. The employee was an assistant manager of Trendlines (employer), a retail golf equipment store. On…