Decision  Willie Mae Cruthird v. City of Boston Health and Hospital Dept.

Date:	09/15/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 100941-87
Location:	Boston

• Employee: Willie Mae Cruthird
• Employer: City of Boston Health and Hospital Dept.
• Self Insurer: City of Boston

COSTIGAN, J. The employee on appeal asserts that the administrative judge’s denial of her claim for a § 8(1) penalty, for the self-insurer’s failure to pay G. L. c. 152, § 34B,¹  cost-of-living adjustments (COLA) on her permanent and total incapacity benefits, was contrary to law. We disagree, and affirm the decision.

¹  General Laws c. 152, § 34B, as amended by St. 1991, c. 398, § 63, provides in pertinent part:

October first of each year shall be the review date for the purposes of this section. Any person receiving or entitled to receive benefits under the provisions of section thirty-one or section thirty-four A whose benefits are based on a date of personal injury at least twenty-four months prior to the review date shall have his weekly benefit adjusted, without application, in accordance with the following provisions; provided, however, that no increase in benefits shall be payable which would reduce any benefits the recipient is receiving pursuant to federal social security law. . . .