Decision  William Auclair v. Marshalls

Date: 11/04/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 042099-00
Location: Boston
  • Employee: William Auclair
  • Employer: Marshalls
  • Insurer: TJX Companies

CARROLL, J. The insurer appeals from a decision awarding, in pertinent part, ongoing total incapacity benefits under G. L. c. 152, § 34, and a twenty percent penalty on the retroactive component of that award under § 8(5), for the insurer’s unilateral termination of benefits. While the insurer contended that it discontinued benefits due to its offer of a particular suitable job, pursuant to §§ 8(2)(d) and 35D(3), the administrative judge found that the job offer did not comport with the statutory requirements. We conclude that the judge appropriately levied the penalty against the insurer. We affirm the decision for the following reasons as to the penalty issue, and summarily affirm the decision in all other respects.

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