Decision

Decision  William H. Gilrein (Deceased) v. City of Worcester Parks & Recreation

Date: 01/26/2004
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 05208-79
Location: Boston
  • Employee: William H. Gilrein
  • Claimant: Jane Gilrein
  • Insurer: City of Worcester

CARROLL, J. The parties cross-appeal a decision in which an administrative judge awarded retroactive partial incapacity benefits to the claimant widow on behalf of the deceased employee for an April 13, 1979 industrial injury. The claimant argues, among other things, that she is entitled to a § 7(2) penalty for the self-insurer's failure to accept or deny the claim in a timely fashion. In its appeal, the self-insurer argues that the claimant's § 35 claim was barred by the equitable defense of laches. Both of these issues were raised at the hearing, but the administrative judge failed to address either of them. (Dec. 3.) We conclude that no penalty was due under § 7(2), and that the judge's omission to address it was harmless error. Regarding the self-insurer's argument on laches, we consider it appropriate to recommit the case for further findings.

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