Regarding the workers' compensation claim of the employee Dante DiFronzo. This is an appeal from a decision of the reviewing board (board) of the Department of Industrial Accidents (department) Mullen, Jr., for the insurer & another.ĬOWIN, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.Įugene M. ĪPPEAL from a decision of the Industrial Accident Reviewing Board. The statement (i.e., whether a public street between two work zones crossedīy an employee on his way home constituted the employer's premises for Unresolved question of law would have emerged if the judge had credited Plausible defense based on the recorded statement of a witness that theĮmployee was on his way home at the time of the accident, given that an Working at the time of the accident and where the insurer had a In finding that the evidence was uncontroverted that the employee was still To present an alternative version of events (i.e., that the employee hadįinished his work day and was commuting home when he was struck by anĪutomobile and injured), the board correctly concluded that the judge erred Where, given that the evidence provided adequate grounds for the insurer Grounds" as an objective, rather than subjective, standard Lacked reasonable grounds for defending the employee's claim, where theīoard did not err in construing the statutory standard of "reasonable 152, § 14 (1), on the basis of the judge's conclusion that the insurer Penalty of double back benefits against the insurer, pursuant to G. Reversed a portion of an administrative judge's award assessing costs and a The reviewing board of the Department of Industrial Accidents properly Administrative Law, Agency's interpretation of Workers' Compensation Act, Judicial review, Double compensation, Injuries to (2) SJC-10785 01 Appellant DiFronzo Brief.(1) SJC-10785 02 Appellees J F White Brief.338 FebruApSuffolk County Present: IRELAND, C.J., SPINA, COWIN, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.
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