Decision  Marilyn Bland v. MCI Framingham

Date:	09/10/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 040132-05
Location:	Boston

• Employee: Marilyn Bland
• Employer: MCI Framingham
• Self Insurer: Commonwealth of Massachusetts

McCARTHY, J. The employee appeals from an administrative judge's decision allowing the self-insurer to recoup the § 8(5) penalty awarded to her at conference. She also challenges the judge's failure to reinstate § 34 benefits pursuant to § 8(2)(c) following an unsuccessful attempt to return to work. We vacate the finding permitting the self-insurer to recoup the § 8(5) penalty, but otherwise affirm the decision.