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Decision

Decision  James McDonald v. Brand Energy Services, Inc.

Date: 01/05/2015
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 011415-12
Location: Boston
  • Employee: James McDonald
  • Employer: Brand Energy Services, Inc.
  • Insurer: ACS American Insurance Company

HARPIN, J. The insurer appeals from a decision awarding the employee § 34 benefits, asserting that the judge failed to conduct a proper § 271 analysis. We affirm the decision.

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1  General Laws c. 152, § 27 provides:

If the employee is injured by reason of his serious and willful misconduct, he shall not receive compensation; but this provision shall not bar compensation to his dependents if the injury results in death.

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