Decision  Scott Murphy v. American Steel and Aluminum

Date:	06/21/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 027092-04
Location:	Boston
Referenced Sources:	Scott Murphy Appendix - Section 5

• Employee: Scott Murphy
• Employer: American Steel and Aluminum
• Insurer: AIM Mutual Insurance Company

KOZIOL, J. The employee appeals from a decision in which the administrative judge denied his claim for a late payment penalty under the provisions of § 8(1),² after concluding that the employee "received the full amount of § 36 benefits and § 50 interest to which he was entitled."³ We affirm in part and reverse in part.

¹ This case was originally assigned to a panel comprised of Judges Fabricant, Koziol and Levine. Judge Fabricant, however, recused himself and did not participate in panel deliberations.

² 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 . . . within fourteen days of the insurer’s receipt of such document, shall result in a penalty of . . . ten thousand dollars if not made within ninety days.

³ General Laws c. 152, § 50, provides:

Whenever payments of any kind are not made within sixty days of being claimed by an employee, dependent or other party, and an order or decision requires that such payments be made, interest at the rate of ten percent per annum of all sums due from the date of the receipt of the notice of the claim by the department to the date of payment shall be required by such order or decision. Whenever such sums include weekly payments, interest shall be computed on each unpaid weekly payment.