Guilfoyle's Case2/27/1998
Workers' Compensation Act, Agreement for compensation, Agreement to extend payment.
Appeal from a decision of the Industrial Accident Reviewing Board.
John T. Walsh for the insurer.
John J. Morrissey for the employee.
Dennis Guilfoyle appeals from a determination of the reviewing board of the Department of Industrial Accidents (board) which concluded, inter alia, that the city of Boston (city) was not liable for a $10,000 penalty, pursuant to G. L. c. 152, Section 8(1), for not making any payments to him under a Section 8(6) agreement to extend the 180-day period for payment without prejudice. We affirm.
Guilfoyle was employed as a correction officer with the Suffolk County sheriff's department. In that capacity, he was charged with the care, custody, and control of inmates at various locations within the Suffolk County house of correction system. On January 16, 1994, Guilfoyle sustained a work-related injury and, beginning on January 17, 1994, was paid temporary total disability benefits by the city. There was no written agreement for such payments.
On April 22, 1994, Guilfoyle was examined by one Dr. Fishbaugh, a physician selected by the sheriff's department, who opined that Guilfoyle was able to return to work as a correction officer with some restrictions. On May 6, 1994, the sheriff's department offered Guilfoyle restricted work, and Guilfoyle was notified that his workers' compensation benefits would terminate on May 13, 1994. His benefits were terminated on May 13.
On June 6, 1994, the city signed an agreement to extend Guilfoyle's benefits, without prejudice, for 180 days. Guilfoyle had signed the same agreement on January 19, 1994. The agreement was forwarded to a conciliator at the Department of Industrial Accidents (department) for authorization. On June 14, 1994, a conciliator approved the agreement. However, the city did not make any payments to Guilfoyle under that agreement, which made no provision for the type or amount of benefits.
Guilfoyle then filed a claim for temporary total disability benefits in August, 1994, and sought the imposition of a $10,000 penalty against the city for its failure to pay him benefits within ninety days under G. L. c. 152, Section 8(1). Following a conference, an administrative Judge ordered that Guilfoyle be paid temporary total disability benefits from January 17, 1994, through August 9, 1994, and partial disability benefits thereafter, but he denied Guilfoyle's claim for a Section 8(1) penalty.
Both Guilfoyle and the city appealed from the conference order to the same administrative Judge. After a hearing, Guilfoyle was awarded temporary total disability benefits from January 17, 1994, through February 9, 1995, and partial disability benefits from February 10, 1995, through February 13, 1995. The administrative Judge determined that the city was not liable for any penalty under G. L. c. 152, Section 8(1). Guilfoyle appealed the determination of the administrative Judge only as to the penalty. The board affirmed the decision of the administrative Judge. Guilfoyle appealed to a single Justice of this court, and the single justice reported the case to a panel.
The issue presented by this appeal is whether an agreement under G. L. c. 152, Section 8(6), to extend the 180-day payment-without-prejudice period is also an agreement to make payments within the meaning of Section 8(1), the violation of which subjects a workers' compensation insurer to certain penalties under Section 8(1). We conclude that it is not.
It will be recalled that on January 17, 1994, the city began paying Guilfoyle temporary total disability benef
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