Decision  George Rivera v. Department of Corrections

Date:	07/15/2015
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 007176-96
Location:	Boston

• Employee: George Rivera
• Employer: Department of Corrections
• Self Insurer: Commonwealth of Massachusetts

HORAN, J. The self-insurer appeals from a decision awarding the employee § 34A¹ benefits from March 13, 2012, to June 18, 2012, additional benefits pursuant to §§ 14(1)(a) and (b),² and an enhanced attorney’s fee pursuant to § 13A(5). We reverse the decision, and vacate the § 34A, § 14(1)(a) and (b), §§ 13 and 30,³ and § 13A(5) awards. We recommit the case for further findings on whether an attorney’s fee is due.

¹  General Laws c. 152, § 34A, provides, in pertinent part:

While the incapacity for work resulting from the injury is both permanent and total, the insurer shall pay to the injured employee, following payment of compensation provided in sections thirty-four and thirty-five, a weekly compensation equal to two-thirds of his average weekly wage before the injury. . . .

²  General Laws c. 152, § 14(1), provides, in pertinent part:

[I]f any administrative judge . . . determines that any proceedings have been brought, prosecuted, or defended by an insurer without reasonable grounds:

(a) the whole cost of the proceedings shall be assessed upon the insurer; and

(b) if a subsequent order requires that additional compensation be paid, a penalty of double back benefits of such amount shall be paid by the insurer to the employee. . . .

³ The self-insurer challenges the award of §§ 13 and 30 benefits, contending that the employee’s entitlement to medical treatment was not an issue at the commencement of the hearing. We agree. (Ex. 5; Tr. I, 4-5, 17-20.)