Decision

Decision  Louis Bertocchi (deceased) v. Nibur Carpet Co., Inc.

Date: 02/16/2000
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 091643-86
Location: Boston
  • Employee: Louis Bertocchi (deceased)
  • Employer: Nibur Carpet Co., Inc.
  • Insurer: Travelers Life & Casualty

MAZE-ROTHSTEIN, J. Louis Bertocchi died approximately three weeks before his scheduled lump sum settlement conference. See G.L. c. 152, §48. We have the appeal of the employee’s executor from a decision after remand by the Appeals Court for a determination of whether the parties had an enforceable written lump sum agreement despite the employee’s demise. The administrative judge concluded that there was no written agreement statutorily sufficient to render the parties’ oral settlement agreement enforceable. We affirm the decision.

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