Decision  Dorothy Asare v. City of Taunton Nursing Home

Date:	06/07/2010
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 018715-05
Location:	Boston

• Employee: Dorothy Asare
• Employer: City of Taunton Nursing Home
• Self Insurer: City of Taunton

KOZIOL, J. The employee appeals from a decision denying and dismissing her claim for reinstatement of weekly incapacity benefits under § 34 and/or § 35. The employee contends the self-insurer twice acted illegally: first, when it failed to resume payment of § 34 total incapacity benefits, in alleged violation of § 8(2)(c),¹ and second, when it later terminated payment of § 35 We affirm the decision.

¹ General Laws c. 152, § 8(2)(c), provides, in pertinent part:

(2) An insurer paying weekly compensation benefits shall not modify or discontinue such payments except in the following situation:

(c) the employee has returned to work; provided, however, that the insurer shall forthwith resume payments if, within twenty-eight calendar days of return to such employment, the employee leaves such employment and, within twenty-one calendar days thereafter, informs the employer and insurer by certified letter that the disability resulting from the injury renders him incapable of performing such work; provided, further, that if due, compensation shall be paid under section thirty-five. . . .