|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 028352-05|
- Third-party Claimant: James N. Ellis, Esq.
- Employee: Gary Poulton
- Insurer: American Home Assurance
McCARTHY, J. The third party claimant appeals from a decision in which the administrative judge denied him an attorney's fee for the insurer's acceptance of the employee's claim within five days of the scheduled hearing date. We agree with the third party claimant that the correct method of counting the five-day statutory period under § 13A(5)1 excludes Saturdays, Sundays and legal holidays. Therefore, we reverse the decision and recommit the case.