Decision  Daniel Torres v. New England Card & Index Co.

Date:	06/28/1999
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 01646196
Location:	Boston

• Employee: Daniel Torres
• Employer: New England Card & Index Co.
• Insurer: The Hartford

SMITH, J. The employee appeals from a decision that awarded partial incapacity and medical benefits, but denied the claim for a penalty under the provisions of § 8(1). The employee claims that the judge erred in his interpretation of G.L. c. 152, § 8, by determining that the penalty provisions of subsection (1) do not apply to without-prejudice payments made pursuant to § 7(1) and referenced in § 8(1).¹ We disagree and affirm the decision.

 

¹ General Laws c. 152, § 7(1) provides, in pertinent part:

Within fourteen days of an insurer’s receipt of an employer’s first report of injury, or an initial claim for weekly benefits on a form prescribed by the department, whichever is received first, the insurer shall either commence payment of weekly benefits under this chapter or shall notify . . . the employee, of its refusal to commence payment of weekly benefits.

General Laws c. 152, § 8(1) provides, in pertinent part:

An insurer which makes timely payments pursuant to subsection one of section seven, may make such payments for a period of one hundred eighty calendar days from the commencement of disability without affecting its right to contest any issue arising under this chapter.