| 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.