No. 04154194 (1999). EMPLOYEE: Carlos Rodriguez.

• Case Date: September 08, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 04154194 (1999). EMPLOYEE: Carlos Rodriguez COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Carlos Rodriguez EMPLOYER: Ames Department Stores INSURER: Old Republic InsuranceBOARD NO. 04154194REVIEWING BOARD DECISION (Judges Carroll, Levine and Maze-Rothstein)APPEARANCES Robert A. Wall, Esq., for the insurer Constant S. Poholek, Jr., Esq., for the employee at conference Employee pro se at proceeding on July 28, 1998 CARROLL, J. The insurer appeals an administrative judge's suspension of the employee's weekly benefits due to the employee's failure to attend an impartial examination after due notice and without cause. The insurer claims that the administrative judge was required under G.L. c. 152, §§ 45 and 11A(2) to suspend not only the employee's weekly benefits but all compensation. The insurer also argues that circumstances warranted not suspension, but forfeiture of compensation. Finally, the insurer maintains that the judge should have ordered such suspension and forfeiture as of the date of the first missed impartial examination rather than as of the date of the decision. We agree that the relevant portions of the statute require the judge to suspend all compensation, and therefore reverse so much of the decision ordering suspension of only weekly benefits. We do not agree with the insurer's other arguments, and therefore affirm the decision in all other respects. This case arose out of the insurer's complaint to discontinue or modify compensation. Following a conference order denying the complaint, the insurer appealed to a hearing de novo. An impartial examination pursuant to § 11A was scheduled for November 13, 1997. (Dec. 1.) The employee failed to attend that examination, but a second examination was authorized and scheduled for March 24, 1998. (Dec. 1-2.) Though the employee was appropriately notified, he also failed to attend the second examination. On March 27, 1998, a notice was sent to the employee explaining that another examination would not be scheduled until the employee paid a cancellation fee. The employee did not pay the cancellation fee and no examination took place. (Dec. 2.) A proceeding was scheduled before the administrative judge on July 28, 1998, at which the insurer presented a Motion for Relief pursuant to § 11A(2) and §...