Decision  Lorenza Badea v. Hasbro, Inc.

Date:	05/06/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 006442-04
Location:	Boston

• Employee: Lorenza Badea
• Employer: Hasbro, Inc.
• Insurer: Hasbro, Inc.

HORAN, J. The self-insurer appeals from a decision awarding an attorney's fee pursuant to G. L. c. 152, § 13A(5). It contends no fee was due because the employee's appeal of the conference order resulted in a reduction of her § 35 weekly incapacity benefits and, therefore, she did not "prevail" within the meaning of the statute. ¹ The employee counters that she prevailed by retaining some benefits in the face of the self-insurer's allegation at hearing that an intervening accident severed the causal connection between

¹ General Laws c. 152, § 13A(5), provides, in pertinent part: Whenever an insurer files a complaint or contests a claim for benefits and then either (i) accepts the employee's claim or withdraws its own complaint within five days of the date set for a hearing pursuant to section eleven; or (ii) the employee prevails at such hearing the insurer shall pay a fee to the employee's attorney in an amount equal to three thousand five hundred dollars plus necessary expenses. As of the February 8, 2007 filing date of the hearing decision, the statutory fee in effect was $4,925.03.