Decision  Anthony Pimental v. MCI Cedar Junction

Date:	10/18/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 025541-04
Location:	Boston

• Employee: Anthony Pimental
• Employer: MCI Cedar Junction
• Self Insurer: Commonwealth of Massachusetts

HORAN, J. The self-insurer appeals from a decision awarding the employee ongoing § 35 partial incapacity benefits, §§ 13 & 30 medical benefits, and a § 8(5) penalty.¹  We reverse the § 8(5) penalty award, and recommit the case for further findings of fact.

¹ The self-insurer also appealed the judge’s award of § 50 interest. (Self-ins. br. 1, 5.) At oral argument, the parties stipulated no interest was due. See Russo’s Case, 46 Mass. App. Ct. 923 (1999)(absent waiver of sovereign immunity, Commonwealth not liable for payment of interest.)