EASTERN CASUALTY INSURANCE COMPANY, INC. v. ROBERTS

No. 99-P-1845.

52 Mass. App. Ct. 619 (2001)

EASTERN CASUALTY INSURANCE COMPANY, INC. v. JULIE ROBERTS & another.

Court of Appeals of Massachusetts, Suffolk.

September 25, 2001.


Attorney(s) appearing for the Case

Carl F. Schmitt for the plaintiff.

Lee M. Berger for Julie Roberts.

Present: ARMSTRONG, C.J., GRASSO, & COWIN, JJ.


COWIN, J.

Eastern Casualty Insurance Company, Inc. (Eastern), a workers' compensation insurance carrier, appeals from an amended decision of the reviewing board of the Department of Industrial Accidents (board) ordering Eastern to pay a substantial penalty for its failure to make a timely payment to the employee Julie Roberts (employee) pursuant to a lump sum agreement. We deny the employee's motion to dismiss the appeal. We hold that the board erred in applying the...

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