Date: | 05/25/2004 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 063616-00 |
Location: | Boston |
- Employee: Adam P. Carey
- Claimant: Richard A. Carey and Margaret L. Carey
- Insurer: Eastern Casualty Insurance Company
COSTIGAN, J. The employee, Adam Carey, was sixteen years old, unmarried, and living with his parents at the time of his death from injuries sustained while working at the Kernwood Country Club. (Dec. 3.) His parents claimed G. L. c. 152, § 31, death benefits as dependents of their son. (Dec. 2.) The administrative judge found that the parents were conclusively presumed dependents of the employee under § 32(e), (Dec. 5), and awarded them § 31 benefits, but only from the employee's death on September 16, 2000 until March 2, 2002, which would have been his eighteenth birthday. (Dec. 10.) The decision is before us on the claimants' appeal. Because we conclude that the termination of § 31 benefits was contrary to law, we reverse that part of the decision, and order that payment of such benefits be made until the maximum statutory entitlement under § 311 is reached. We summarily affirm the decision as to all other issues argued on appeal.2