Decision  Francis Motherway v. City of Westfield

Date:	01/23/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 038999-05
Location:	Boston

HORAN, J. The employee, who prevailed in his claim for § 34 benefits, appeals the denial of his claim for § 14(1)¹ costs against the self-insurer. Although the self-insurer has not appealed the decision, it nevertheless urges us to assess § 14(1) costs on the employee's attorney for pursuing this appeal without reasonable grounds. We affirm the judge's decision to deny the employee's § 14(1) claim. We also decline to assess § 14(1) costs against employee's counsel.

1 General Laws c. 152, § 14(1), provides, in relevant part:

Except as provided in subsection three, if any administrative judge or administrative law judge determines that any proceedings have been brought, prosecuted, or defended by an insurer without reasonable grounds:

the whole cost of the proceedings shall be assessed upon the insurer; and

(b) . . . If any administrative judge or administrative law judge determines that any proceedings have been brought or defended by an employee or counsel without reasonable grounds, the whole cost of the proceedings shall be assessed against the employee or counsel, whomever is responsible.

(Emphasis added.)