Eastern Casualty Insurance v. Roberts

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 penalty set forth in 452 Code Mass. Regs. § 1.05(5) (1990), and that the lesser penalty established by G. L. c. 152, § 8(1), as amended by…