| 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.