| Date: | 08/10/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 025030-96 |
| Location: | Boston |
- Employee: Craig Richards
- Employer: Ultimate Chimney Sweep
- Insurer: Liberty Mutual Insurance Co.
MAZE-ROTHSTEIN, J. The employee appeals a decision that dismissed his claim for workers’ compensation benefits allegedly due to a fall off a ladder at work on May 10, 1996. The same decision also denied the insurer’s claim for G.L. c. 152, §14(2), penalties for the employee’s alleged fraudulence. Mr. Richards contends error in the failure to award him §13A(5) attorney’s fee for prevailing on the fraud claim. We summarily affirm the decision as to the arguments that the denial of weekly benefits was arbitrary, capricious and contrary to law. The decision is grounded in credibility findings that are supported by the evidence. See Chinetti v. Boston Edison Co., 13 Mass. Workers’ Comp. Rep. 328, 331 (1999). For the reasons that follow we reverse the denial of a §13A(5) attorney’s fee, and recommit the case for the appropriate assessment thereof.