Decision  Eileen Cournoyer, Brett Cournoyer (Deceased) v. Jari Kansanen

Date:	04/19/2022
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 027332-17
Location:	Boston, MA

• Claimant: Eileen Cournoyer
• Employee: Brett Cournoyer (Deceased)
• Employer: Jari Kansanen
• Insurer: Acadia Insurance Company

This case returns to the reviewing board on remand from the Appeals Court, Cournoyer’s Case, 100 Mass. App. Ct. 1122 (2022)(Memorandum and Order Pursuant to Rule 23.0). In the reviewing board’s prior summary disposition, we affirmed an administrative judge’s decision, including an award of § 33 burial expenses. In addition, the board ordered the insurer to pay §§ 13 and 30 medical benefits due, as a matter of law, citing the finding of a compensable injury and the Hearing Exhibit 14, ambulance and ER records. The court vacated so much of the reviewing board’s summary disposition as affirmed the judge’s award of § 33 burial expenses, and as ordered, sua sponte, §§ 13 and 30 medical benefits.¹

¹  The Appeals Court affirmed the administrative judge’s findings that: 1) Mr. Cournoyer was an employee of the employer pursuant to G.L. c. 152, § 1(4); 2) the claimant satisfied her burden of proving that the employee’s heavy exertion at work was a major cause of his cardiac arrest and death pursuant to § 1(7A); and, 3) the employee had an average weekly wage of $1,400.00. Id.