Decision

Decision  Richard Cleveland v. Keatings Materials Corp.

Date: 07/09/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 022563-02
Location: Boston
  • Employee: Richard Cleveland
  • Employer: Keatings Materials Corp.
  • Insurer: Liberty Mutual Fire Ins. Co.

HORAN, J. Both parties appeal from a decision awarding the employee benefits pursuant to G. L. c. 152, § 28.2  The employee claims the judge erred in denying him an enhanced attorney's fee.3 On multiple grounds, the employer argues the evidence is insufficient as a matter of law to support the § 28 award. Finding one issue dispositive, we reverse the decision and vacate the § 28 benefit award.

Table of Contents

Downloads   for Richard Cleveland v. Keatings Materials Corp.

1 The hearing lasted five days: May 30, 2007, August 10, 2007, October 15, 2007, October 16, 2007 and November 28, 2007; accordingly, references to the transcript in this decision shall be from Tr. I to Tr. V, respectively.

General laws c. 152, § 28, provides, in pertinent part:

If the employee is injured by reason of the serious and willful misconduct of an employer or any person regularly intrusted with and exercising the powers if superintendence, the amounts of compensation hereinafter provided shall be doubled.

3 See General Laws c. 152, § 13A(5). In light of our decision, we do not address the employee's claim for an enhanced attorneys' fee.

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