| Date: | 12/18/2009 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 002821-04 |
| Location: | Boston |
- Employee: Neville Gayle
- Employer: NSTAR Electric and Gas
- Self Insurer: NSTAR Electric and Gas
COSTIGAN, J. The employee appeals from a decision in which the administrative judge denied his claims for § 34A permanent and total incapacity benefits and for § 36 specific injury benefits; discontinued § 35 benefits as of the date of the § 11A impartial examination; denied the self-insurer's complaint for § 14 fraud sanctions; and failed to award an attorney's fee. The employee argues, inter alia, that because he "prevailed" by defeating the self-insurer's § 14 complaint, his attorney is entitled to a fee under § 13A(5). We agree, and recommit the case for further findings on the amount of the fee.