| Date: | 03/30/2026 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 031456-22 |
| Location: | Boston, MA |
- Employee: Josel De Oliveira
- Employer: Jack's Abby Brewery LLC
- Insurer: MEMIC Indemnity Co.
FABISZEWSKI, J. The employee appeals from the administrative judge’s decision denying and dismissing the employee’s claim for §34 temporary total incapacity benefits, medical benefits pursuant to §§13 and 30, and interest pursuant to §50. The employee raises three issues on appeal: 1) whether the administrative judge erred in finding the employee’s injury to be non-compensable; 2) whether the insurer’s affirmative defense pursuant to §27 fails as a matter of law; and 3) whether the decision requires reversal as a matter of law permitting the reviewing board to order benefits. For the reasons set forth below, we reverse the decision that the employee’s injury was not within the scope of his employment and recommit the case to the administrative judge to determine whether §27 is applicable.