Decision  Charles Duggan v. Arthur Blank & Co.

Date: 05/05/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos: 049278-97, 057269-97, 040399-98, 013634-99, 006324-00
Location: Boston
Referenced Sources: Edward Bernier v. Lebaron Foundry, Inc.
Donna Thompson v. Sturdy Memorial Hospital
John J. Keefe v. MBTA
  • Employee: Charles Duggan
  • Employer: Arthur Blank & Co.
  • Self Insurer: Arthur Blank & Co.

MAZE-ROTHSTEIN, J. The employee and self-insurer cross-appeal from a decision awarding workers’ compensation benefits following four separate industrial injuries. In his brief the employee asserts 1) that G. L. c. 152, § 8, penalties were correctly found on the self-insurer’s illegal discontinuance; 2) entitlement to § 50 interest; and 3) an inadequate amount and inadequately explained increase of the § 13A(5) legal fee award. The self-insurer’s appeal argues error in the § 8 penalty determination; concedes § 50 interest entitlement and submits there was no error in the enhanced fee determination. Finally, it argues there was error in the average weekly wage and earning capacity findings. We address three dispositive issues. Due to the error in the treatment of the employee’s claims for § 8 penalties, the calculation of the § 1(1) average weekly wage, and the award of a § 13A attorney’s fee, we reverse the decision in part and recommit the case for further findings. See G. L. c. 152, § 11C.

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