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Decision Brian LaFleur v. Department of Corrections

Date: 10/23/2014
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 009526-08
Location: Boston
  • Employee: Brian LaFleur
  • Employer: Department of Corrections
  • Self Insurer: Commonwealth of Massachusetts

CALLIOTTE, J. This case has a long and complex history, which includes three hearing decisions before two different administrative judges,1 and two reviewing board decisions. The employee has prevailed at the hearing level three times, and the self-insurer has appealed each time, resulting, first, in a recommittal for further findings of fact, Lafleur v. M.C.I. Shirley, 24 Mass. Workers’ Comp. Rep. 301 (2010)("Lafleur I"), and second, in a reversal and transfer of the case to a different judge for a hearing de novo. Lafleur v. M.C.I. Shirley, 25 Mass. Workers’ Comp. Rep. 393 (2011)("Lafleur II"). Following that de novo hearing, the new administrative judge ordered the self-insurer to pay § 34 benefits from April 9, 2008 until April 5, 2011; § 34A benefits from April 6, 2011 to date and continuing; § 36 benefits for loss of function; and a penalty pursuant to § 8(5). The self-insurer has once again appealed. We reverse the  § 8(5) penalty award, but otherwise affirm the decision.

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1 The first hearing decision of September 8, 2009, is hereinafter referred to as "Dec. I;" the second hearing decision of March 16, 2011, as "Dec. II;" and the third hearing decision of June 19, 2012, which is the subject of this appeal, as "Dec. III."