Date: | 10/11/2011 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 049216-03 |
Location: | Boston |
- Employee: Edward Blais
- Employer: Gallo Construction Co., Inc.
- Insurer: Granite State Insurance Company
COSTIGAN, J. The employee appeals so much of the administrative judge’s decision as denied and dismissed his claim for weekly incapacity and medical benefits for severe injuries sustained when a former co-worker assaulted him with a baseball bat. The employee argues the administrative judge erred in finding the assault did not occur on the employer’s premises, as he alleged, and that it did not arise out of his employment.1 The insurer appeals the judge’s denial of its recoupment complaint,2 and further argues the judge failed to address its claim for § 14 penalties against the employee. We affirm the decision.