Decision  Sunday D. Orekoya v. Bank of New England Corp.

Date:	02/10/2000
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 052354-94
Location:	Boston

• Employee: Sunday D. Orekoya
• Employer: Bank of New England Corp.
• Insurer: Travelers Insurance Company

CARROLL, J. The employee appeals from a decision in which an administrative judge denied his claim for workers’ compensation benefits on the basis that the claim was not made within the four year limitations period dictated by G.L. c. 152, §41.¹ In a decision filed September 25, 1996, an administrative judge concluded that the claim was time barred by §41. After the reviewing board summarily affirmed that decision, a single justice of the Appeals Court remanded the case for further findings on that issue. Because the judge in this remand decision has now applied §41 correctly, we affirm the decision.

¹ Section 41 provides, in pertinent part:

No proceedings for compensation payable under this chapter shall be maintained . . . unless any claim for compensation due with respect to such injury is filed within four years from the date the employee first became aware of the causal relationship between his disability and his employment.