Decision  Paul DaSilva v. Palladino Landscaping

Date:	08/30/2010
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 021535-04
Location:	Boston

• Employee: Paul DaSilva
• Employer: Palladino Landscaping
• Insurer: Savers Property and Casualty Ins. Co.

COSTIGAN, J. By decision filed on October 29,2008, the administrative judge awarded § 36 specific compensation benefits, but denied and dismissed the employee's claim for § 8(5)² penalties for the insurer's alleged illegal terminations of weekly benefits. By D.I.A. Form 112 received on November 14, 2008, Attorney James N. Ellis purported to file an appeal from that decision on behalf of the employee.³ The employee, however, had died some fourteen months prior, and counsel no longer had a client. We need not address the merits of the arguments advanced. For the reasons that follow, we reverse the decision, vacate its awards and dismiss the appeal for lack of standing.

¹ The panel was originally comprised of Administrative Law Judges McCarthy, Horan and Koziol. When Judge McCarthy was appointed Senior Judge, Administrative Law Judge Costigan replaced him on the panel.

² General Laws c. 152, § 8(5), provides, in pertinent part:

[If] the insurer terminates, reduces, or fails to make any payments required under this chapter, and additional compensation is later ordered, the employee shall be paid by the insurer a penalty payment equal to twenty per cent of the additional compensation due on the date of such filing.

³ In fact, on the appeal form, the employee was parenthetically noted as deceased.