Decision  Christopher Williams v. Williams Forms, Inc.

Date:	04/02/2002
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 052199-97
Location:	Boston
Referenced Sources:	Long Ve Le v. Boston Steel and Mfg. Co.

• Employee: Christopher Williams
• Employer: Williams Forms, Inc.
• Insurer: U.S. Fire Insurance

CARROLL, J. The employee appeals from an administrative judge’s corrected decision which, although awarding the employee the one year of § 35 partial incapacity benefits sought from the November 25, 1997 date of injury until November 25, 1998, denied § 50 interest on the awarded benefits.¹ The employee contends that the judge was in error to deny interest. We agree, and order that the insurer pay the § 50 interest sought by the employee.

¹ The actual corrected decision is silent as to interest but, in a February 27, 2001 cover letter to the corrected decision, the administrative judge seems to be of the impression that he has discretion to not award interest because he specifically denied interest to the employee. The parties accept the cover letter as part of the corrected decision. (Employee Br. 2-3; Insurer Br. 3.) Section 50 interest is not discretionary, it is self-operative. Le v. Boston Steel & Mfg. Co., 14 Mass. Workers’ Comp. Rep. 75 (2000); Charles v. Boston Family Shelter, 11 Mass. Workers’ Comp. Rep. 203, 205 (1997).