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Decision Quyana Neal v. Mary Immaculate Nursing Center

Date: 11/08/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 006502-06
Location: Boston
  • Employee: Quyana Neal
  • Employer: Mary Immaculate Nursing Center
  • Self Insurer: Massachusetts Care S.I.G.

KOZIOL, J. The employee appeals from a decision denying her claim for § 36 permanent loss of function benefits, and imposing a § 14(1)1 penalty against her attorney for advancing a frivolous claim. The employee argues the judge erred as a matter of law by: 1) refusing to "assist" her in securing the testimony of the manager of the Department of Industrial Accidents' impartial unit, which the employee claims would have allowed her "to explore the issue of partiality" of the § 11A impartial physician, Dr. George Lewinnek, (Employee br. 14); and, 2) finding her attorney culpable under § 14(1). We affirm the decision.

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

If any administrative judge or administrative law judge determines that any proceedings have been brought or defended 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.