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Decision

Decision  Mary Mason v. Action, Inc.

Date: 08/21/2012
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 006902-10
Location: Boston
  • Employee: Mary Mason
  • Employer: Action, Inc.
  • Self Insurer: Mass Bay SIG

HORAN, J. The self-insurer appeals from a decision in which the administrative judge ordered payment of a closed period of partial, followed by ongoing total, incapacity benefits for the employee’s work-related neck and upper back injury. Because there is no evidence to support the judge’s finding that the employee provided the requisite notice of a work-related injury to the employer/self-insurer, or that the employer otherwise had knowledge that the injury was work-related, we vacate the decision and recommit the case for further findings addressing whether there was prejudice to the self-insurer as a result of the lack of notice or knowledge.

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