|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 042778-00|
- Employee: Jose S. Sanches
- Employer: Framingham State Hospital
- Self Insurer: Commonwealth of Massachusetts
CARROLL, J. The employee appeals from a decision in which an administrative judge dismissed his liability claim for workers’ compensation benefits, due to its unappealed denial at a conference proceeding more than three years earlier. The judge based his decision on Cerasoli v. Hale Development, 13 Mass. Workers’ Comp. Rep. 267 (1999). In that case, we concluded that a general denial of an original liability claim in a § 10A conference order was presumed to be on the basis of liability, i.e., that the injury did not arise out of and in the course of the employment. G. L. c. 152, § 26. By failing to appeal the conference order, the employee therefore accepted that his injury was not compensable (see G. L. c. 152, § 10A1), and was precluded from bringing the same claim again. Cerasoli, supra at 269-270. We affirm the decision on appeal, and take the opportunity to clarify the reasoning of Cerasoli.