Decision  Anibal Rosado v. Suddekor, LLC

Date:	03/25/2022
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 013656-16
Location:	Boston, MA

• Employee: Anibal Rosado
• Employer: Suddekor, LLC
• Insurer: MEMIC Indemnity Company

FABRICANT, J.  The employer and the insurer appeal from the administrative judge’s award of § 28 compensation, claiming error in the application of the legal standard for a finding of serious and willful misconduct under the statute.¹  The insurer and employer further allege error in the judge’s denial of their motion to exclude testimony of the employee’s expert.  For the reasons that follow, we affirm the decision.

¹ General Laws, c. 152, § 28 states, in relevant part:

If the employee is injured by reason of the serious and wilful misconduct of an employer or of any person regularly entrusted with and exercising the powers of superintendence, the amounts of compensation hereinafter provided shall be doubled. In case the employer is insured, he shall pay to the insurer the extra compensation paid to the employee. If a claim is made under this section, and the employer is insured, the employer may appear and defend against such claim only.