Louis's Case

The employee, Alicia Louis, appeals from a decision of the reviewing board (board) of the Department of Industrial Accidents (department). A split board determined that the partial disability payments Louis was receiving for a previous work-related injury should not be included in the calculation of her average weekly wage used to determine her compensation for a subsequent injury. Louis v. Anthony’s Pier Four, 8 Mass. Workers’ Comp. Rep. 311 (1994). We transferred the case to this court on our own motion. We reverse the board’s holding that partial disability benefits cannot be included in…