Decision

Decision  Gary A. Chamberlain v. DeMoulas Markets

Date: 07/20/2000
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 052534-95
Location: Boston
  • Employee: Gary A. Chamberlain
  • Employer: DeMoulas Markets
  • Self Insurer: DeMoulas Markets

SMITH, J. The employee appeals from a decision on the self-insurer's discontinuance complaint. The judge concluded that the employee did not prevail in the case because the self-insurer was permitted to reduce benefits, and therefore denied the employee's request for counsel fees. Following the rationale in Connolly’s Case, 41 Mass. App. Ct. 35, 37 (1996), we conclude that G.L. c. 152, § 13A(5), compels an award of counsel fees in this case. We therefore reverse that portion of the decision denying fees. The remainder of the decision was not arbitrary or capricious, or contrary to law; consequently we affirm it. G.L. c. 152, §11C.

Table of Contents

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback