Decision  Christopher Gonsalves v. IGS Store Fixtures, Inc.

Date:	01/29/1999
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 039951-95
Location:	Boston

• Employee: Christopher Gonsalves
• Employer: IGS Store Fixtures, Inc.
• Insurer: Liberty Mutual Ins. Co.

LEVINE, J. The employee appeals the decision of an administrative judge which denied his claim that the insurer violated G.L. c. 152, § 14(1), by its refusal to accept liability for the employee’s claimed industrial injury.¹ After review and reconsideration, we decline to follow our previous interpretation of the phrase "reasonable grounds" as appearing in § 14(1), and we recommit the decision of the administrative judge for further findings consistent with this opinion.

¹ Section 14(1) states, in pertinent part, that " . . . if any administrative judge . . . determines that any proceedings have been . . . defended by an insurer without reasonable grounds" it shall be liable for certain costs and penalties. (emphasis added.) As amended by St. 1991, c. 398, § 36.