Pena's Case
Pena's Case
Opinion of the Court
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 prejudiced by the employee’s failure to give timely notice and to make timely claim.” See Channell’s Case, 337 Mass. 124, 127-128 (1958). See also Locke, Workmen’s Compensation § 450, at 534-536 (1968). We accordingly agree with the reasoning and result reached by the judge of the Superior Court, and affirm. We need look only to our recent decision in Swasey’s Case, 8 Mass. App. Ct. 489, 495-496 (1979), a case which controls the case at bar
Judgment affirmed
Case-law data current through December 31, 2025. Source: CourtListener bulk data.