| Date: | 04/14/2011 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 046676-03 |
| Location: | Boston |
- Employee: Reginald Eason
- Employer: Symmetricom Corp.
- Insurer: North River Insurance Company
FABRICANT, J. The parties cross-appeal from a recommittal decision in which the administrative judge denied the employee's § 36 claim, but awarded closed periods of §35 benefits, and a § 8(1) penalty for the insurer's failure to make timely payments due the employee in the prior decision. We summarily affirm the decision as to all issues argued by both sides, with the exception of the insurer's argument against the imposition of the § 8(1) penalty. We reverse the penalty award as ordered in the decision, but conclude, for other reasons, that penalty is due as a matter of law. we recommit the case for further findings on the amount of that penalty.