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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.


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. . . .


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