Decision  Gary Harding v. Northern Mechanical Corp.

Date:	11/28/2007
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 003507-93
Location:	Boston

• Employee: Gary Harding
• Employer: Northern Mechanical Corp.
• Insurer: ACE American Insurance Co.

HORAN, J. The employee appeals from a decision denying his claims for penalties under G. L. c. 152, § 8(1).¹  We affirm the decision.

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

Any failure of an insurer to make all payments due an employee under the terms of an order, decision, arbitrator’s decision, approved lump sum or other agreement, or certified letter notifying said insurer that the employee has left work after an unsuccessful attempt to return to work . . . within fourteen days of the insurer’s receipt of such document, shall result in a penalty. . . .