| Date: | 10/24/2003 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 055875-94 |
| Location: | Boston |
- Employee: Jan Jachimczyk
- Employer: United County Industries
- Insurer: Liberty Mutual Insurance Company
CARROLL, J. The insurer appeals from a decision awarding, among other things, benefits pursuant to G. L. c. 152, § 36A. The insurer argues only that the judge erred by ordering payment of § 36A benefits, as the employee’s widow did not claim such benefits at the hearing. We agree, and reverse the § 36A award without prejudice.
General Laws c. 152, § 36A, provides, in pertinent part:
In the event that an injured employee who has become entitled to compensation under section thirty-six dies before fully collecting the said compensation, the balance remaining shall become due and payable in a lump sum to his dependents. . . .