Decision

Decision  Carlos Rodriguez v. Ames Dept. Store

Date: 09/08/1999
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 041541-94
Location: Boston
  • Employee: Carlos Rodriguez
  • Employer: Ames Dept. Store
  • Insurer: Old Republic Insurance

CARROLL, J. The insurer appeals an administrative judge’s suspension of the employee’s weekly benefits due to the employee’s failure to attend an impartial examination after due notice and without cause. The insurer claims that the administrative judge was required under G.L. c. 152, §§ 45 and 11A(2) to suspend not only the employee’s weekly benefits but all compensation. The insurer also argues that circumstances warranted not suspension, but forfeiture of compensation. Finally, the insurer maintains that the judge should have ordered such suspension and forfeiture as of the date of the first missed impartial examination rather than as of the date of the decision. We agree that the relevant portions of the statute require the judge to suspend all compensation, and therefore reverse so much of the decision ordering suspension of only weekly benefits. We do not agree with the insurer’s other arguments, and therefore affirm the decision in all other respects.

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