Decision

Decision  Jean Drumm v. Viale Florist (I)

Date: 08/20/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 006381-91
Location: Boston
  • Employee: Jean Drumm
  • Employer: Viale Florist
  • Insurer: Florists Mutual

MCCARTHY, J. An April 13, 1999 hearing judge’s decision awarded the employee benefits under §§ 34A and 36. The decision did not explicitly award § 50 interest. The insurer filed a timely appeal to the reviewing board and, while the appeal was pending, paid the awarded benefits without interest on June 7, 1999. On or about May 24, 2000, the employee filed a claim seeking § 50 interest.1 On July 19, 2000, the reviewing board summarily affirmed the award of weekly and specific benefits in the case in chief. The claim for § 50 interest then came on for hearing before the same judge on stipulated facts and on October 16, 2001, the judge filed his decision denying and dismissing the employee’s claim for interest.2

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1  General Laws c. 152, § 50 provides:

Whenever payments of any kind are not made within sixty days of being claimed by an employee, dependent or other party, and an order or decision requires that such payments be made, interest at the rate of ten percent per annum on all sums due from the date of the receipt of the notice of the claim by the department to the date of payment shall be required by such order or decision. Whenever such sums include weekly payments, interest shall be computed on each unpaid weekly payment.

2  The employee moved under 452 Code Mass. Regs. § 1.20 to amend by adding a claim for a penalty under § 8(1). The judge denied the motion. This denial was not arbitrary or capricious so we do not disturb it. However, it remains open to the employee to file a new claim for this penalty at her election. We note that the employee’s motion was actually made under 452 Code Mass. Regs. § 1.23(3), regarding amendments of claims, rather than § 1.20, which governs joinder of parties.  

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