Decision  Pedro Ferreira v. Forrest Homes of Massachusetts

Date:	06/18/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 026203-04
Location:	Boston

• Employee: Pedro Ferreira
• Employer: Forrest Homes of Massachusetts
• Insurer: Granite State Insurance Co.

HORAN, J. The employee appeals from a decision denying and dismissing his claim,¹ with prejudice, due to his failure, and that of his attorneys, to appear on the date set for the § 11 hearing. The employee argues the judge abused his discretion by refusing to grant his request for a further continuance of the hearing. The employee also argues he was entitled to prevail even without an evidentiary hearing because the § 11A impartial medical examiner's report supported his claim. We reject both arguments. We also find that the employee's attorneys have brought this appeal without reasonable grounds, and retain jurisdiction for future assessment of "the whole costs of the proceedings" against the employee's attorneys pursuant to § 14(1).²

¹ The employee's claim was for a psychiatric injury alleged to be a sequela of a work-related back injury for which the insurer had accepted liability.

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

If any . . . administrative law judge determines that any proceedings have been brought . . . by an employee or counsel without reasonable grounds, the whole cost of the proceedings shall be assessed against the employee or counsel, whomever is responsible.