Decision  Jan Jachimczyk v. United County Industries

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. . . .

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