Decision  Michael Pileeki v. Jerry Construction Company

Date:	02/09/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 040723-05
Location:	Boston

• Employee: Michael Pileeki
• Employer: Jerry Construction Company
• Insurer: Hartford Insurance Company

FABRICANT, J. The employee appeals from the administrative judge's dismissal of his claim, with prejudice, on the basis of his failure to appear at hearing. Because the record indicates the employee's absence might have been due to an incapacity to testify unrelated to any industrial injury, and that his claim could then require the application of G. L. c. 152, § 39,¹  we reverse and recommit the case for further findings on that issue.

¹ General Laws c. 152, § 39, provides, in pertinent part:

When . . . the appointment of a guardian or conservator of an employee or dependent who is a minor or is otherwise legally incapacitated, is required to comply with this chapter, the insurer shall furnish or pay for legal services rendered in connection with the appointment of such legal representative, guardian or conservator, and reasonable compensation to him for time necessarily spent in complying herewith. Said payments shall be in addition to sums paid for compensation.