Decision

Decision  Gordon Holden v. Town of Wilmington

Date: 05/20/2011
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 029333-01, 008905-08
Location: Boston
  • Employee: Gordon Holden
  • Employer: Town of Wilmington
  • Self Insurer: MEGA Property & Casualty (SIG), Town of Wilmington (SI)

FABRICANT, J. The Town of Wilmington ("self-insurer")appeals from a decision in which the administrative judge ordered that it pay the employee benefits for a 2001 injury. The judge had joined a claim for the 2001 injury to a pending claim for a 2008 injury for which the Massachusetts Education & Government Assn. Self-Insurance Group ("MEGA") was on the risk. We hold the self-insurer was not properly notified of the joinder, and thus was denied its right to representation at the hearing. See 452 Code Mass. Regs. § 1.20.3  This violation of due process requires that we vacate the decision and recommit the case for a hearing de novo before a different administrative judge.

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1  The Town of Wilmington was represented at the hearing.

2  Throughout these proceedings, prior to this appeal, the Town of Wilmington was identified only as "Employer," while the Massachusetts Education & Government Assn. Self-Insurance Group (MEGA) was identified as a "Self-Insurer."

3  452 Code Mass. Regs. § 1.20(1) provides:

An administrative judge before whom a proceeding is pending may join, or any party to such proceeding may request the administrative judge to join, as a party, on written notice and a right to be heard, an insurer, employer, or other person who may be liable for a payment of compensation to the claimant.

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