| Date: | 10/28/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 007951-92 |
| Location: | Boston |
- Employee: James Pittsley
- Appellant: Broadway Chiropractic (appellee)
- Insurer: Liberty Mutual Insurance Co.
WILSON, J. The insurer appeals from a decision in which an administrative judge denied and dismissed its claim for § 14(2) penalties for fraudulent alteration of treatment records by the third party medical provider, Broadway Chiropractic. In an earlier decision, the judge had awarded the insurer the claimed fraud penalties, but reversed himself when presented with new evidence. The first proceeding had been tried on the theory that payments had been made for the employee’s foot treatment, but that a balance was due for additional treatments to the employee’s back, which never were performed. (Dec. 5.) The parties stipulated in the present proceedings, however, that the insurer had paid nothing on the employee’s claim for medical treatment. Moreover, it was not disputed that the bills for the services, with or without the questioned back treatments, were exactly the same. Id. We affirm the decision.