Decision  Paul DaSilva v. Palladino Landscaping

Date:	08/08/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 021535-04
Location:	Boston

• Employee: Paul DaSilva (deceased)
• Employer: Palladino Landscaping
• Insurer: Savers Property & Casualty Insurance Co.

COSTIGAN, J. This case is before the reviewing board on remand from the Appeals Court, DaSilva’s Case, 79 Mass. App. Ct. 1125 (2011), which upheld the employee’s appeal of our earlier decision, DaSilva v. Palladino Landscaping, 24 Mass. Workers’ Comp. Rep. 211 (2010).¹

¹ Holding that the deceased employee lacked standing, and the judge lacked subject matter jurisdiction, the reviewing board vacated the hearing judge’s award of § 36A benefits to the deceased employee’s estate, and dismissed the employee’s appeal of the denial of his § 8(5) penalty claim. The Appeals Court reversed our decision and remanded the case for further proceedings.