offered by
Decision

Decision Roberto Fernandez v. State Street Development

Date: 02/12/2016
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 011535-11
Location: Boston
  • Employee: Roberto Fernandez
  • Employer: State Street Development
  • Insurer: U.S. Fire Insurance Company

HORAN, J. The employee appeals from a decision denying and dismissing his claims for §§ 8(1)1 and 14(1)2 penalties. We affirm the decision.

Downloads for DIA Board No. 011535-11 Roberto Fernandez v. State Street Development

1 General Laws, c. 152, § 8(1), provides, in pertinent part:

Any failure of an insurer to make all payments due an employee under the terms of an order, decision . . . or other agreement . . . within fourteen days of the insurer's receipt of such document, shall result in a penalty of two hundred dollars, payable to the employee to whom such payments were required to be paid by the said document; provided, however, that such penalty shall be one thousand dollars if all such payments have not been made within forty-five days, two thousand five hundred dollars if not made within sixty days, and ten thousand dollars if not made within ninety days. . . .

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

[i]f any administrative judge or administrative law judge determines that any proceedings have been brought, prosecuted, or defended by an insurer without reasonable grounds:

(a) the whole cost of the proceedings shall be assessed upon the insurer; and

(b) if a subsequent order requires that additional compensation be paid, a penalty of double back benefits of such amount shall be paid by the insurer to the employee. . . .

Feedback

Did you find what you were looking for on this webpage? * required
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.

If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here.

Feedback