Decision  Kevin Cotter v. Hawkeye Construction Co.

Date:	09/09/2008
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. In Cotter v. Hawkeye Constr. Co., 22 Mass. Workers' Comp. Rep. ___ (June 27, 2008), we affirmed an administrative judge's decision denying and dismissing the employee's claim, due to his attorney's refusal to go forward at hearing and present evidence to meet the employee's burden of proof. We also found the employee's appeal of that decision was brought and pursued without reasonable grounds and, therefore, that his attorneys should be penalized under the provisions of G. L. c. 152, § 14(1).¹ We retained jurisdiction of the case for the sole purpose of determining "the whole cost of the proceedings" due under § 14(1).

¹ That statute provides, in pertinent part:

If any . . . administrative law judge determines that any proceedings have been brought . . . by an employee or counsel without reasonable grounds, the whole cost of the proceedings shall be assessed against the employee or counsel, whomever is responsible.