Decision  David Root v. G. Lopes Construction Co.

Date:	12/21/2015
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 018204-12
Location:	Boston

• Employee: David Root
• Employer: G. Lopes Construction, Inc.
• Insurer: Old Republic Insurance Company

HORAN, J. The employee, a self-described laborer and heavy equipment operator, appeals from a decision denying and dismissing his § 28 claim.¹ We affirm.

¹ General Laws c. 152, § 28, provides, in pertinent part,

If the employee is injured by reason of the serious and wilful misconduct of an employer or of any person regularly intrusted with and exercising the powers of superintendence, the amounts of compensation hereinafter provided shall be doubled.