Date: | 06/02/2000 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 024465-95 |
Location: | Boston |
- Employee: Glenn P. Thibeault
- Employer: Johnson Construction
- Insurer: Eastern Casualty Insurance Co.
MAZE-ROTHSTEIN, J. The underlying issues in this case have been previously addressed by the reviewing board and the administrative judge’s decision was summarily affirmed. (Summary disposition filed on December 22, 1997, regarding decision dated January 8, 1997 [hereinafter "Dec. I"]). While the matter was pending before the reviewing board, the employee filed claims with the administrative judge who heard the original case for §14 penalties against the insurer alleging a failure to comply with §25 and a claim pursuant to 452 Code Mass. Regs. § 7.04.2 These claims were denied following a §10A conference and the employee appealed to a hearing de novo. Prior to addressing the employee’s claim at the de novo hearing, the judge vacated her position to assume the duties of an administrative law judge with the reviewing board. The matter was reassigned to a different administrative judge who conducted the de novo hearing and issued a decision. (Dec. 2, dated November 17, 1988 [hereinafter "Dec. II."]) We affirm the latter decision.