|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 032922-05|
|Referenced Sources:||Gary Poulton, James N. Ellis, Esq. (3rd party) v. D. R. Billings, Inc.|
- Employee: James Brown
- Employer: Department of Youth Services
- Self Insurer: Commonwealth of Massachusetts
COSTIGAN, J. The employee's attorney appeals from the administrative judge's denial of his third party claim for a fee under the provisions of G. L. c. 152, § 13A(5).1 The only issue presented by this appeal is the meaning of the statutory phrase, "within five days," relative to an insurer's withdrawal of its appeal. the administrative judge did not have the benefit of our recent decision in Poulton v. D. R. Billings, Inc., 24 Mass. Workers' Comp. Rep. ___ (January 20, 2010), which governs the outcome here. Accordingly, we reverse the decision and recommit the case for further findings.