Eady's Case

The employee, Pear Eady, appeals from a decision of the reviewing board of the Department of Industrial Accidents (board). The board summarily affirmed a decision of an administrative judge, who found Eady to be partially disabled and awarded him weekly benefits under G. L. c. 152, §§ 13, 30, and 35. Pursuant to G. L. c. 30A, § 14(7)(/)-(g),1 Eady argues that the administrative judge’s assignment of a $975 weekly earning capacity was unwarranted by the facts, arbitrary or capricious, and an abuse of discretion.

Background. At the time of the administrative hearing, Eady was forty-nine years…