| Date: | 05/08/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 039446-98 |
| Location: | Boston |
- Employee: Dante DiFronzo
- Employer: J. F. White/Slattery/Pierini Joint Venture
- Insurer: National Union Fire Insurance Co.
CARROLL, J. The insurer appeals a decision in which an administrative judge awarded the employee workers’ compensation benefits for an accident in which he was struck by a motor vehicle while working at a Central Artery Project ("Big Dig") construction site, in Boston. The judge also awarded a penalty of double back benefits, pursuant to §14(1), based on her finding that the insurer had defended against the claim without reasonable grounds. Finally, the judge awarded the employee’s attorney an increased fee under the provisions of §13A(5) , due to the complexity of the matter and the effort expended by the attorney. We affirm the principal award of benefits, reverse the §14(1) penalty, and recommit the case for further findings on the attorney’s fee.