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Decision James D. Sullivan v. St. Joseph's Parish

Date: 12/11/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 021269-04
Location: Boston
  • Insurer: James D. Sullivan
  • Employer: St. Joseph's Parish
  • Self Insurer: Archdiocese of Boston SIG

COSTIGAN, J. Both parties appeal from an administrative judge’s decision denying and dismissing the employee’s claim for failing to meet his burden of proving an industrial injury. The employee claims the judge based his denial largely on the erroneous finding that there was no contemporaneous medical evidence documenting a work-related injury. The self-insurer maintains the judge properly denied the claim, but argues, inter alia, that the denial should have been based on the self-insurer’s properly raised statute of limitations defense. We agree with the self-insurer that the employee’s claim was barred by the four-year statute of limitations set forth in G. L. c. 152, § 41. We therefore affirm the denial of the employee’s claim.

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