| Date: | 06/24/2008 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 044555-02, 003958-04 |
| Location: | Boston |
- Employee: Robert Giunta
- Employer: Unifirst Corporation
- Self Insurer: Unifirst Corporation
FABRICANT, J. The employee appeals from an administrative judge's decision awarding him ongoing § 35 benefits for an industrial injury occurring on November 5, 2002, but denying his claim for compensation for injuries allegedly occurring on November 22, 2002 and February 9, 2004. The employee argues that having "prevailed" within the meaning of § 13A(5), the judge erred by failing to award an attorney's fee. We agree, award the fee due, and otherwise summarily affirm the decision.