Decision John J. Larkin v. Feeney's Fence, Inc.

Date: 04/04/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 034408-99
Location: Boston
  • Employee: John J. Larkin
  • Employer: Feeney's Fence, Inc.
  • Insurer: Legion Insurance Company

HORAN, J. The insurer appeals the administrative judge's decision denying its discontinuance request, and the application of § 14 penalties against the employee. We reverse the administrative judge's finding of a causally related incapacity from and after February 14, 2003,1 vacate the award of weekly incapacity and medical benefits thereafter, and affirm on the issue of § 14 penalties.


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1This is the date the insurer, at hearing and without objection, first raised the § 1(7A) issue. Cf. Cubellis v. Mozzarella House, 9 Mass. Workers' Comp. Rep. 354 (1995).