Decision  Bobbi Pacellini v. Cape Cod Fireplace Shop

Date:	09/03/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 025727-97
Location:	Boston

• Employee: Bobbi Pacellini
• Employer: Cape Cod Fireplace Shop
• Insurer: Wausau Insurance Company

COSTIGAN, J. The insurer appeals from a decision in which an administrative judge ordered it to pay a $10,000 penalty, pursuant to G. L. c. 152, § 8(1),¹  because it had not reimbursed the employee her $175 share of the fee required by § 11A(2).²

¹ General Laws Chapter 152, § 8(1), as amended by St. 1991, c. 398, §§ 23 to 25, provides in pertinent part:

Any failure of any insurer to make all payments due an employee under the terms of an order, decision, arbitrator’s decision, approved lump sum or other agreement . . . within fourteen days of the insurer’s receipt of such document, shall result in a penalty of two hundred dollars, payable to the employee to whom such payments were required to be paid by the said document; provided, however, that such penalty shall be one thousand dollars if all such payments have not been made within forty-five days, two thousand five hundred dollars if not made within sixty days, and ten thousand dollars if not made within ninety days.

² General Laws Chapter 152, § 11A(2), as amended by St. 1991, c. 398, § 30, provides:

When any claim or complaint involving a dispute over medical issues is the subject of an appeal of a conference order pursuant to section ten A . . . [the party] who files such appeal shall also submit a fee equal to the average weekly wage in the commonwealth at the time of the appeal to defray the cost of the medical examination under this section within ten days of filing said appeal; provided, however, that where more than one party appeals, the fee shall be divided equally among all appealing parties; provided, further, that such amount paid by a claimant shall be refunded by the insurer to any claimant who prevails at the hearing.