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Decision

Decision  Kevin Cotter v. Hawkeye Construction Co.

Date: 06/27/2008
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 009534-06
Location: Boston
  • Employee: Kevin Cotter
  • Employer: Hawkeye Construction Co.
  • Insurer: Arch Insurance Co.

COSTIGAN, J. The employee appeals from an administrative judge's decision denying and dismissing his claim for lack of prosecution. The employee and his attorney were present for the hearing on the appointed date, as were insurer's counsel and two prospective witnesses for the insurer. (Ins. br. 5, n.3.) When the judge denied a verbal motion by employee's counsel that he recuse himself from the de novo hearing, employee's counsel announced his intention to leave the hearing room, and proceeded to do so, with his client in tow.

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