Decision  Nicholas Harris v. City of Methuen

Date:	12/02/2025
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No.: 028421-23
Location:	BOSTON, MA

• Employee: Nicholas Harris
• Employer: City of Methuen
• Self Insurer: City of Methuen

LONG, J.  The self-insurer appeals from the administrative judge’s decision awarding § 35 temporary partial incapacity benefits, from the date of injury, March 31, 2023, to date and continuing, with an assigned earning capacity of $600.00 per week, or actual wages, § 13 and 30 medical benefits for the employee’s back injury and the denial of the self-insurer’s claim of fraud and penalties pursuant to § 14(2)¹.  Finding merit in the self-insurer’s arguments regarding the judge’s findings on earning capacity and § 14(2), we recommit to the administrative judge for further findings consistent with this opinion.

¹ M.G.L. c. 152, §14(2) provides in pertinent part:

(2) If it is determined that in any proceeding within the division of dispute resolution, a party, including an attorney or expert medical witness acting on behalf of an employee or insurer, concealed or knowingly failed to disclose that which is required by law to be revealed, knowingly used perjured testimony or false evidence, knowingly made a false statement of fact or law, participated in the creation or presentation of evidence which he knows to be false, or otherwise engaged in conduct that such party knew to be illegal or fraudulent, the party’s conduct shall be reported to the general counsel of the insurance fraud bureau. Notwithstanding any action the insurance fraud bureau may take, the party shall be assessed, in addition to the whole costs of the proceedings and attorneys’ fees, a penalty payable to the aggrieved insurer or employee, in an amount not less than the average weekly wage in the commonwealth multiplied by six…