Decision  Robert Litchfield v. Town of Westford

Date:	05/21/2013
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 028553-01
Location:	Boston

• Employee: Robert Litchfield
• Employer: Town of Westford
• Insurer: Legion Insurance Company c/o Massachusetts Insurers Insolvency Fund

HARPIN, J. Both parties¹ appeal from a decision denying and dismissing the employee’s claim for permanent loss of psychiatric function benefits brought pursuant to G. L. c. 152, § 36(1)(j).² We affirm the decision.

¹ The Massachusetts Insurers’ Insolvency Fund (MIIF), for the insolvent Legion Insurance Company, filed a protective appeal. For ease of reference we will refer to the insurer on appeal as MIIF.

² G. L. c. 152, § 36(1)(j), provides:

For each loss of bodily function or sense, other than those specified in the preceding paragraphs of this section, the amount which, according to the determination of the member or the reviewing board, is a proper and equitable compensation, not to exceed the average weekly wage in the commonwealth at the date of injury multiplied by thirty-two; provided, however, that the total amount payable under this paragraph shall not exceed the average weekly wage in the commonwealth at the date of injury multiplied by eighty.