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Decision Donald Kendrick, Jr. v. Grus Construction Personnel

Date: 03/04/2016
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 042615-04
Location: Boston
  • Employee: Donald Kendrick, Jr.
  • Employer: Grus Construction Personnel
  • Insurer: Continental Casualty Ins. Co.

HARPIN, J. The employee appeals from a decision on recommittal from the Appeals Court, reversing the administrative judge’s order that the employee file an earnings report more than once every six months. The court remanded the case for a determination of the amount of benefits due the employee for the period from October 19, 2006 through December 14, 2006. Kendrick Jr.’s Case, 76 Mass.App.Ct. 1129 (2010)(Memorandum and Order Pursuant to Rule 1:28). We agree with the employee that the administrative judge erred by failing to award § 35 benefits and § 8(5) penalties for the closed period in question, pursuant to the decision of the Appeals Court. We also agree the judge erred by dismissing the employee’s withdrawn claim for § 36 benefits. Regarding the judge’s denial of § 35 benefits after the closed period, we reverse and recommit for further findings.


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