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Decision Michael Rinaldo v. Suburban Masonry

Date: 11/01/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 039535-96
Location: Boston
  • Employee: Michael Rinaldo
  • Employer: Suburban Masonry
  • Insurer: Travelers Insurance Company

McCARTHY, J. The employee’s attorney appeals from an administrative judge’s decision denying and dismissing his third party claim for payment of expenses. An earlier §10A conference order had directed their payment. The insurer argues that the conference order is unenforceable because prior to the attorney’s submission of his expenses to the insurer, the hearing decision issued denying and dismissing the employee’s claim. For his part, employee’s counsel argues that although the hearing decision reversed the conference order, the award of attorney’s expenses is an obligation that no subsequent order or decision could alter. We agree with the insurer that the employee’s attorney had the burden of submitting his request for payment of legal expenses pursuant to the conference order prior to the filing of the § 11 hearing decision. We therefore affirm the administrative judge’s decision in this case of first impression.

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