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Decision Gary Poulton, James N. Ellis, Esq. (3rd party) v. D. R. Billings, Inc.

Date: 01/20/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 028352-05
Location: Boston
  • 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.

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1 General Laws c. 152, § 13A(5), provides, in pertinent part:

Whenever an insurer . . . contests a claim for benefits and then . . . accepts the employee's claim . . . within five days of the date set for a hearing pursuant to section eleven . . . the insurer shall pay a fee to  the employee's attorney.

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