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Decision Alan Hamel v. Kidde Fenwal, Inc.

Date: 05/02/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 043113-04
Location: Boston
  • Employee: Alan Hamel
  • Employer: Kidde Fenwal, Inc.
  • Insurer: St. Paul Fire and Marine Insurance Co.

COSTIGAN, J. The insurer appeals from a decision in which an administrative judge found that the employee had sustained a work-related injury to his left knee, and awarded a closed period of § 34 total incapacity benefits, followed by ongoing § 35 partial incapacity benefits. The insurer argues, inter alia, that the employee provided inadequate notice of the injury to it and/or its insured, the employer, and that the judge’s findings on notice were conclusory and without evidentiary support. We agree the decision is flawed in that respect, and recommit the case for further findings on whether the insurer was prejudiced by the employee’s failure to give timely notice of his injury.

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