Decision  Michael Murphy v. Team Star Contractors, Inc.

Date:	12/31/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 025614-98
Location:	Boston

• Employee: Michael Murphy
• Employer: Team Star Contractors, Inc.
• Insurer: Ace American Ins. Co.

MCCARTHY, J. Having introduced no evidence at a hearing in which the employee alleged that he suffered an industrial injury as a result of an assault and battery at the hands of "Teddy," the president of the employer – which evidence the administrative judge credited, and upon which he based the doubling of compensation under G. L. c. 152, § 28¹  – the insurer argues on appeal that the employee started the fight and that Teddy’s actions were "not of a quasi-criminal nature." (Insurer’s Brief, 6.) We affirm the decision, and order that the insurer be sanctioned under § 14(1)(a)²  for having brought this appeal without reasonable grounds.

¹  General Laws c. 152, § 28, provides, in pertinent part:

If the employee is injured by reason of the serious and wilful misconduct of an employer or of any person regularly intrusted with and exercising the powers of superintendence, the amounts of compensation hereinafter provided shall be doubled.

²  General Laws c. 152, § 14(1), provides, in pertinent part:

[I]f any administrative judge or administrative law judge determines that any proceedings have been brought, prosecuted, or defended by an insurer without reasonable grounds:

(a) the whole cost of the proceeding shall be assessed upon the insurer . . . .