Decision  Merrily Harris (claimant); Jay Harris (deceased) v. Plymouth County Sheriff's Department

Date:	12/16/2015
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 005307-06
Location:	Boston

• Employee: Merrily Harris (claimant); Jay Harris (deceased)
• Employer: Plymouth County Sheriff’s Department
• Self Insurer: Plymouth County

HORAN, J. The self-insurer appeals from a decision awarding the claimant § 31 benefits following the employee’s death on October 31, 2010.¹ We affirm.

¹ The judge also awarded § 33 burial benefits, which was unnecessary, as the self-insurer did not appeal from the conference order awarding those benefits. See G. L. c. 152, § 10A(3) , which provides, in pertinent part:

Any party aggrieved by an order of an administrative judge shall have fourteen days from the filing date of such order within which to file an appeal for a hearing pursuant to section eleven.

                                       . . .

Failure to file a timely appeal or withdrawal of a timely appeal shall be deemed to be acceptance of the administrative judge’s order and findings, except that a party who has by mistake, accident or other reasonable cause failed to appeal an order within the time limited herein may within one year of such filing petition the [director] of the department who may permit such hearing if justice and equity require it. . . .

(Emphasis added).