Decision  Manuel Cruz v. Pet Edge Administrative Services Co.

Date:	09/16/2013
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 005259-05
Location:	Boston

• Employee: Manuel Cruz
• Employer: Pet Edge Administrative Services Co.
• Insurer: Mass. Retail Merchants SIG

KOZIOL, J. The parties cross-appeal from a decision awarding the employee § 34A permanent and total incapacity benefits from September 5, 2011, and continuing, and awarding a reduced attorney’s fee in the amount of $3,974.00, plus necessary expenses. The insurer’s claims of error require us to vacate the judge’s decision in its entirety and recommit the matter for a hearing de novo before a different judge.¹

 

¹ Because the employee filed his appeal first, the employee was considered the appellant and was entitled to file a reply brief upon receipt of the insurer’s brief. 452 Code Mass. Regs. § 1.15(4)(h). The employee did not file a reply brief. While the disposition of this case renders moot the sole issue raised by the employee on appeal, we discuss it herein because it arises from the same general findings complained of by the insurer.