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Decision Carlos Lopez v. Commercial Cleaning Services, Inc.

Date: 02/23/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 002734-03
Location: Boston
  • Employee: Carlos Lopez
  • Employer: Commercial Cleaning Services, Inc.
  • Insurer: Public Service Mutual Insurance Co.

FABRICANT, J. The insurer appeals only the award of an attorney's fee under § 13A(5)1 in a decision awarding § 35 partial incapacity benefits on the employee's claim for § 34A permanent and total incapacity benefits. We affirm the award of a fee.

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1   General Laws c. 152, § 13A(5), provides, in pertinent part:

Whenever an insurer . . . contests a claim for benefits and then . . . the employee prevails at [the § 11A] hearing the insurer shall pay a fee to the employee's attorney.