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Decision

Decision  Florence Labbe v. Town of Barnstable

Date: 08/17/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board Number 004758-06
Location: Boston
  • Third-party Claimant: Pauline Toto (Executrix for Florence Labbe)
  • Employer: Town of Barnstable
  • Self Insurer: Town of Barnstable

HORAN, J. The claimant, the executrix1 of the employee's estate, appeals from a decision in which the judge refused, on procedural grounds, to address her § 39 claim.2 For the reasons that follow, we recommit the case for a determination of the amount due under § 39.3

 

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1  The decision refers to her as an executor; we regard this simply as a scrivener's error.

2  General Laws c. 152, § 39, provides, in pertinent part:

When the appointment of a legal representative of a deceased employee ... is required to comply with this chapter, the insurer shall furnish or pay for legal services rendered in connection with the appointment of such legal representative ... and shall pay the necessary disbursements for such appointment, the necessary expenses of such legal representative ... and reasonable compensation to him for time necessarily spent in complying therewith. Said payment shall be in addition to sums paid for compensation.

3  We otherwise summarily affirm the decision.

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