Pena's Case

An earlier decision of this court involving these parties (Pena’s Case, 5 Mass. App. Ct. 451, 455-456 [1977]) held that the board’s conclusion concerning possible prejudice arising from the employee’s failure to give the insurer prompt notice of his claim was not supported by adequate subsidiary findings. The case was then remanded for further findings on the issue whether the employee’s failure promptly to inform the insurer of his claim may have prejudiced the insurer.

The single member’s findings, which were adopted by the board, amply support his determination that the insurer “was not…