Decision  Debra O'Brien v. Franklin Sports, Inc.

Date:	06/09/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 042713-99
Location:	Boston

WILSON, J. The sole issue on appeal by the insurer is the judge’s award of a G. L. c. 152, § 8(1), penalty for the insurer’s failure to make all payments due under a conference order in a timely fashion.¹  Because the § 8(1) penalty provisions do not apply to the subject omission, we reverse the award of the § 8(1) penalty.

¹  The administrative judge’s award of weekly benefits for temporary, total incapacity under § 34 was for a closed period from January 12, 2000 to June 12, 2001. (Dec. 8.)