|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 024470-05|
|Referenced Sources:||Gary Poulton, James N. Ellis, Esq. (3rd party) v. D. R. Billings, Inc.|
- Third-party Claimant: James N. Ellis, Esq.
- Employer: Buxton Aquisitions Co., LLC
- Insurer: American Home Assurance
KOZIOL, J. The third party claimant appeals from the judge's decision denying his claim for a § 13A(5) attorney's fee. The insurer argues that its offer to accept the employee's underlying claim was not within the five day period prior to the scheduled hearing date, and thus, no fee is due. 1 Following our recent decision in Poulton v. D.R. Billings, Inc., 24 Mass. Workers' Comp. Rep.___ (2010), we reverse the decision and recommit the case for further findings.