| Date: | 12/13/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 048400-93 |
| Location: | Boston |
- Employee: Steven Carucci
- Employer: S & F Concrete
- Insurer: U.S.F.& G. Insurance
CARROLL, J. The employee and insurer appeal from a decision in which an administrative judge awarded the employee benefits on his original liability claim, while at the same time finding that the employee had engaged in fraudulent conduct proscribed by §14. The employee challenges, among other things, the judge’s finding of fraud. The insurer contends, among other things, that the judge’s finding of fraud required him, in turn, to deny and dismiss the employee’s claim for benefits in its entirety. As to these two predominant issues on appeal, we affirm the decision. However, we reverse the decision in part, and recommit the case for the judge to assess the penalty under §14(2).