Decision

Decision  Donald Denham v. Kiewit Corporation and Sullivan and McLaughlin Companies

Date: 11/26/2018
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 035801-14
Location: Boston
  • Employee: Donald Denham
  • Employer: Kiewit Corporation , Sullivan and McLaughlin Companies
  • Self Insurer: Kiewit Corporation
  • Insurer: AIM Mutual Insurance Company

LONG, J.  The subsequent insurer in this successive insurer claim, AIM Mutual Insurance Company, (hereinafter “AIM”), appeals from a decision ordering it to pay the employee ongoing § 34 temporary total incapacity and §§ 13 and 30 medical benefits. The insurer presents four objections to the hearing decision.  Finding merit in its arguments that the administrative judge erred when he adopted inconsistent and conflicting medical opinions, and that he further erred when he failed to address its defenses of proper notice, proper claim and the employee’s violation of § 27A,1 we vacate the decision and recommit to the administrative judge to make additional findings, and to resolve the internally inconsistent medical opinions relied upon in the decision.

Table of Contents

Downloads   for Donald Denham v. Kiewit Corporation and Sullivan and McLaughlin Companies

1 M.G.L. c. 152, § 27(A) provides:

In any claim for compensation where it is found that at the time of hire the employee knowingly and willfully made a false representation as to his physical condition and the employer relied upon the false representation in hiring such employee, when such employee knew or should have known that it was unlikely he could fulfill the duties of the job without incurring a serious injury, then the employee shall, if an injury related to the condition misrepresented occurs, not be entitled to benefits under this chapter. Retention of an employee who rectifies any misrepresentation made to his employer

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback