Decision  Deborah Mestieri-Pesta v. Taunton State Hospital

Date:	06/11/2001
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 063881-91
Location:	Boston

• Employee: Deborah Mestieri-Pesta
• Employer: Taunton State Hospital
• Self Insurer: Commonwealth of Massachusetts

CARROLL, J. The employee appeals from the decision of an administrative judge who, citing lack of jurisdiction, denied and dismissed her claim of entitlement to §69 relief.¹ Because the judge erroneously based his decision on lack of jurisdiction, the decision cannot stand. Accordingly, we recommit the case.

¹ Section 69 provides, in pertinent part, "an employee who is entitled to any sick leave allowance may take such sick leave allowance payment as, when added to the amount of any disability compensation herein provided, will result in the payment to him of his full salary or wages." G.L. c. 152, § 69.