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Decision Ives Camargo v. Publishers Circulation Fullfillment, Inc.

Date: 12/09/2016
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 035970-12
Location: Boston
  • Employee: Ives Camargo
  • Employer: Publishers Circulation Fullfillment, Inc.
  • Insurer: Ace Fire Underwriters Ins. Co.

HARPIN, J. Both parties appeal from a decision finding the claimant was an independent contractor, denying her claim for benefits, allowing the recoupment of benefits paid pursuant to a conference order, and denying the insurer’s claim for penalties pursuant to G.L. c. 152, § 14(2).2 The claimant argues the judge’s employee/independent contractor analysis was flawed. The insurer argues the claimant presented untruthful testimony and thereby should have been liable for costs and penalties under § 14(2). We affirm.

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1 Judge Levine, who was originally a member of the panel, retired.

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

(2) If it is determined that in any proceeding within the division of dispute resolution, a party, including an attorney or expert medical witness acting on behalf of an employee or insurer, concealed or knowingly failed to disclose that which is required by law to be revealed, knowingly used perjured testimony or false evidence, knowingly made a false statement of fact or law, participated in the creation or presentation of evidence which he knows to be false, or otherwise engaged in conduct that such party knew to be illegal or fraudulent . . . the party shall be assessed, in addition to the whole costs of such proceedings and attorneys' fees, a penalty payable to the aggrieved insurer or employee, in an amount not less than the average weekly wage in the commonwealth multiplied by six.

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