Decision  Adam P. Carey v. Kernwood Country Club

Date:	08/21/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 036316-00
Location:	Boston
Referenced Sources:	Adam P. Carey (deceased) v. Kernwood Country Club Adam P. Carey (deceased) v. Kernwood Country Club

• Claimant: Richard A. Carey and Margaret L. Carey
• Employer: Kernwood Country Club
• Insurer: Eastern Casualty Insurance Company

This case returns to the reviewing board on remand from the Appeals Court, Carey’s (dependents’) Case, 66 Mass. App. Ct. 749 (2006), which decision affirmed in part, reversed in part, and vacated in part the decision of the reviewing board.² The court affirmed the administrative judge’s calculation of the employee’s average weekly wage, as summarily affirmed by the reviewing board, but reversed our decision, and ruled in the claimants’ favor, as to the employer’s violation of G. L. c. 149, § 62, and the claimants’ entitlement to double compensation pursuant to G. L. c. 152, § 28.

¹ As two members of the original panel no longer serve on the reviewing board, the panel has been reconstituted.

² 18 Mass. Workers’ Comp. Rep. 77 (2004). See also, 19 Mass. Workers’ Comp. Rep. 265 (2005)(prior award of attorney’s fee vacated following single justice decision).