Decision  Cheryl Billert v. Rainbow Nursing Home

Date:	12/29/2004
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 038442-93
Location:	Boston

• Employee: Cheryl Billert
• Employer: Rainbow Nursing Home
• Insurer: Liberty Mutual Ins. Co.

HORAN, J. This case is before us, again,¹ on the insurer’s appeal² of an administrative judge’s decision finding Steven Galena, D.C., liable for penalties under § 14(2)³ of our workers’ compensation act.

¹  See Billert v. Rainbow Nursing Home, 13 Mass. Workers’ Comp. Rep. 360 (1999).

²  Initially, counsel for the third party filed a timely appeal. However, we dismissed that appeal in a memorandum of disposition filed on April 20, 2004, as counsel failed to file a brief within the time specified by 452 Code Mass. Regs. §1.15 (4)(g). He also failed to file a reply brief to the insurer’s brief, which it had filed in support of its cross appeal.

³ General Laws c. 152, § 14(2), provides, in pertinent part:

If it is determined in any proceeding within the division of dispute resolution, a party, including an…expert medical witness acting on behalf of an employee… concealed or knowingly failed to disclose that which is required by law to be revealed, knowingly used perjured testimony or false evidence, knowingly made a false statement of fact or law, participated in the creation or preservation of evidence which he knows to be false, or otherwise engaged in conduct that such party knew to be illegal or fraudulent, the party’s conduct shall be reported to the general counsel of the insurance fraud bureau. Notwithstanding any action the insurance fraud bureau may take, the party shall be assessed, in addition to the whole costs of such proceedings and attorneys’ fees, a penalty payable to the aggrieved insurer…in an amount not less than the average weekly wage in the commonwealth multiplied by six.