Decision  Edgar Giraldo v. Albert's Incorporated

Date:	06/13/2013
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 033093-03
Location:	Boston

• Employee: Edgar Giraldo
• Employer: Albert's Incorporated
• Insurer: Employers Insurance Company of Wausau

FABRICANT, J. The employee appeals from a decision dismissing his claim for § 36(1)(k) benefits¹ due to his failure to pay the appeal fee mandated by G. L. c. 152, § 11A(2).² We affirm.

¹  General Laws c. 152, §36(1)(k), provides:

For bodily disfigurement, an amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed fifteen thousand dollars; which sum shall be payable in addition to all other sums due under this section. No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck or hands.

² General Laws c. 152, § 11A(2), provides, in pertinent part:

When any claim or complaint involving a dispute over medical issues is the subject of an appeal of a conference order pursuant to section ten A, the parties shall agree upon an impartial medical examiner from the roster to examine the employee and submit such choice to the administrative judge assigned to the case within ten calendar days of filing the appeal, or said administrative judge shall appoint such examiner from the roster. The insurer or any claimant represented by counsel who files such appeal shall also submit a fee equal to the average weekly wage in the commonwealth at the time of the appeal to defray the cost of the medical examination under this section within ten days of filing said appeal. . . .