Decision  Robert Gookin v. M. J. Daly & Sons, Inc.

Date:	10/01/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 007067-00
Location:	Boston

• 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.

¹  The employee also appealed from the decision but his appeal was dismissed by the reviewing board for failure to file a brief within the time specified by 452 Code Mass. Regs. § 1.15 (4)(g).