Decision Adam P. Carey (deceased) v. Kernwood Country Club

Date: 10/04/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 036316-00
Location: Boston
  • Employee: Adam P. Carey (deceased)
  • Employer: Kernwood Country Club
  • Insurer: Eastern Casualty Insurance Company

A single justice of the Appeals Court, while affirming in part and reversing in part the decision of the reviewing board, 18 Mass. Workers' Comp. Rep. 77 (2004), has remanded the issue of the attorney's fee award for reconsideration by the board.1 The reviewing board, in reversing the decision of the administrative judge, determined that the claimants had prevailed in at least part of their claim.2 Accordingly, the board awarded claimants' counsel a fee of $4,457.40, plus necessary expenses, pursuant to § 13A(5).3


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Downloads for Adam P. Carey (deceased) v. Kernwood Country Club

1Adam P. Carey (deceased) v. Kernwood Country Club & another, Mass. App. Ct., Nos. 04-J-279 and 04-J-282, slip op. (August 1, 2005).

2The insurer had accepted liability for the employee's death and paid the claimants § 33 burial expenses and § 31 benefits from the date of death for a period of seventy-six weeks, until what would have been their son's eighteenth birthday on March 2, 2002. The claim before the administrative judge sought, inter alia, further § 31 benefits up to the statutory maximum entitlement.

3No fee was due pursuant to § 13A(6) because the claimants' appeal brought the case before the reviewing board.