Decision

Decision  Jenny Derosiers v. HRP Corporation

Date: 06/27/2011
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 012674-05
Location: Boston
  • Employee: Jenny Derosiers
  • Employer: HRP Corporation
  • Insurer: AIM Mutual Insurance Company

FABRICANT, J. The employee appeals from a decision awarding § 36 benefits and recoupment, but denying her claim for an attorney's fee pursuant to § 13A(5).1 The employee maintains that the judge's order for recoupment of $11,062.05, to be repaid in monthly installments of $150.00, is a benefit to her, requiring an attorney's fee award. We disagree. 

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1  General Laws c. 152, § 13A(5), provides for an attorney's fee award when "an insurer files a complaint or contests a claim for benefits and . . . the employee prevails at [the] hearing . . . "

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