Decision  John M. Whittle v. Limoliner, Inc.

Date:	03/25/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 042367-04
Location:	Boston

• Employee: John M. Whittle
• Employer: Limoliner, Inc.
• Insurer: A.I.M. Mutual Insurance Co.

McCARTHY, J. The insurer raises one issue in this appeal of an administrative judge's award of workers' compensation benefits for the employee's December 24, 2004 work injury. The insurer argues that the judge's award of a $10,000 penalty under G. L. c. 152, § 8(1), ¹ for the insurer's underpayment of his § 10A conference order, was error. The insurer bases its argument on the omission of employee's counsel to support the § 8(1) claim with an affidavit outlining the factual foundation for the penalty claim. See 452 Code Mass. Regs. § 1.07(2)(b).² For the reasons that follow, we affirm the penalty award.

¹ Judge Fabricant recused himself from this case and did not participate in panel deliberations.

²  General Laws c. 152, § 8(1), provides, in pertinent part:

Any failure of an insurer to make all payments due an employee under the terms of an order . . . within fourteen days of the insurer's receipt of such document, shall result in a penalty of two hundred dollars, payable to the employee to whom such payments were required to be paid by the said document; provided, however, that such penalty shall be one thousand dollars if all such payments have not been made within forty-five days, two thousand five hundred dollars if not made within sixty days, and ten thousand dollars if not made within ninety days.