Decision

Decision  Gordon Holden v. Town of Wilmington

Date: 07/19/2011
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 029333-01, 008905-08
Location: Boston
  • Employee: Gordon Holden
  • Employer: Town of Wilmington
  • Self Insurer: MEGA Property & Casualty Group (SIG), Town of Wilmington (Self-Insurer)

FABRICANT, J. In Holden v. Town of Wilmington., 25 Mass. Workers’ Comp. Rep. ___ (May 20, 2011), we held that the self-insurer was denied its right to representation and not properly joined to the case. We vacated the decision and recommitted the case for a hearing de novo before a different administrative judge. We further found that Attorney Canniff violated § 14(2) and we retained jurisdiction of the case for the sole purpose of determining the "whole costs of the proceedings and attorneys’ fees" to be assessed pursuant to § 14(2). Id. See Packard v. Swix Sport USA, Inc., 23 Mass. Worker’s Comp. Rep. 5 (2009); Ferreira v. Forrest Homes of Mass., 22 Mass. Worker’s Comp. Rep. 203 (2008).

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