|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 007067-00|
- Employee: Robert Gookin
- Employer: M. J. Daly & Sons, Inc.
- Insurer: CNA Insurance Co.
MAZE-ROTHSTEIN, J. The insurer1 appeals from a decision that authorized the discontinuance of weekly G. L. c. 152, § 35, partial incapacity compensation as of the date the judge received the transcript of the § 11A examiner’s deposition. The insurer argues that the judge erred in using that non-evidentiary date, and it also challenges the award of § 13A legal fees and deposition costs. For the reasons discussed below, we reverse the decision in part, and affirm it in part. See G. L. c. 152, § 11C.