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. . . .