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Decision

Decision  Edward Bernier v. Lebaron Foundry, Inc.

Date: 08/13/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 017245-99
Location: Boston
  • Employee: Edward Bernier
  • Employer: Lebaron Foundry, Inc.
  • Insurer: New Hampshire Insurance

CARROLL, J. The insurer on appeal from a decision of an administrative judge presents an issue of first impression: Does a § 8(5) penalty attach for failure of the insurer to give seven day notice of termination of without prejudice payments, and, if so, what is it? We conclude that it does, and therefore affirm the judge’s award of the § 8(5) penalty. We clarify that award by concluding that the penalty shall be paid on the retroactive benefits ordered at the § 10A conference.

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