Decision  Susan Therrien v. Stop & Shop

Date:	12/20/2001
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 017365-98
Location:	Boston

• Employee: Susan Therrien
• Employer: Stop & Shop
• Self Insurer: Stop & Shop

MAZE-ROTHSTEIN, J. Susan Therrien, the employee, appeals from a decision that allowed the self-insurer’s complaint to discontinue weekly incapacity benefits for her accepted industrial injury on a G.L. c. 152, § 45,¹ medical examination date. The employee argues that her due process rights were violated when the opinion of the self-insurer’s physician was adopted without allowing the employee the opportunity to depose the doctor. The employee also argues error in the failure to award § 50 interest, and § 35A dependency benefits for her son. Upon review we affirm the discontinuance of weekly incapacity benefits, order the § 50 interest due and recommit the case for further findings on the issue of dependency. See G.L. c. 152, § 11C.

¹ General Laws c. 152, § 45, amended by St. 1991, c 398, § 72, reads in pertinent part:

After an employee has received an injury, and from time to time thereafter during the continuance of his disability he shall, if requested by the insurer or injured, submit to an examination by a registered physician, furnished and paid for by the insurer or the insured.