- Employee: James White
- Employer: Continental Construction, Inc.
- Insurer: Travelers Property Casualty Corporation
COSTIGAN, J. The parties cross-appeal from a decision which denied the employee’s claim for G. L. c. 152, § 34A, permanent and total incapacity benefits, but awarded § 35 temporary partial incapacity benefits to the employee and a legal fee to his attorney. Finding no merit in the employee’s arguments, we affirm the administrative judge’s finding that the employee, age thirty-seven at the time of the hearing and a carpenter by trade, was physically and vocationally capable of performing sedentary work within the restrictions identified by the medical experts whose opinions the judge adopted - - the § 11A impartial medical examiner and the insurer’s medical expert. However, we reverse the award of a § 13A attorney’s fee as the employee did not "prevail" at hearing, as defined by law. See G. L. c. 152, § 13A(5),1 and 452 Code Mass. Regs. § 1.19(4).2