| Date: | 02/15/2012 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 010624-06 |
| Location: | Boston |
- Employee: Antonio Sierra
- Employer: SMJ Metals, Inc.
- Insurer: Hartford Insurance Company
LEVINE, J. The employee appeals from a decision in which the administrative judge denied his claim for an illegal discontinuance penalty under § 8(5). The employee alleges that the insurer improperly terminated benefits based on the employee's incarceration pursuant to conviction. See G. L. 152, § 8(2)(j) (unilateral discontinuance allowed where "the employee has been incarcerated pursuant to a conviction for a felony or misdemeanor and has thereby forfeited any right to compensation during such period"). The employee contends that the Superior Court's guilty finding pursuant to his plea did not constitute a conviction, which, he argues, only entered months later when he was sentenced to time served. The employee also argues that the judge erred by sua sponte imposing § 14 penalties for bringing the claim without reasonable grounds. We affirm the denial of he claim, but reverse the § 14 penalty.