Decision  Nancy Packard v. Swix Sport USA, Inc.

Date:	01/15/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 004308-04
Location:	Boston

• Employee: Nancy Packard
• Employer: Swix Sport USA, Inc.
• Insurer: Chubb Group Insurance Co.

HORAN, J. In Packard v. Swix Sport USA, Inc., 22 Mass. Workers' Comp. Rep. ___ (November 18, 2008), we affirmed the decision of an administrative judge denying the employee's claim for attorneys' fees and costs, and assessing costs against Ellis & Associates (hereinafter the appellants) for violating § 14(1).¹ We further found the appellants violated § 14(1) by filing and pursuing, without reasonable grounds, an appeal of the judge's hearing decision. Accordingly, we retained jurisdiction of the case for the sole purpose of determining the "supplementary amount due the insurer under § 14(1)" caused by the appellants' frivolous appeal to this board. Id.

¹  General Laws c. 152, § 14(1), provides, in pertinent part:

If any administrative judge or 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.