Decision  Rodolfo Tayag v. Baird Corp.

Date:	02/14/2001
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 027222-90
Location:	Boston

• Employee: Rodolfo Tayag
• Employer: Baird Corp.
• Insurer: Liberty Mutual Insurance Company

MAZE-ROTHSTEIN, J. The employee appeals that portion of a decision that dismissed his claim for payment of further chiropractic services and his claim that the insurer improperly withheld weekly benefits pursuant to G.L. c. 152, §13A(10).¹ After a review of the evidentiary record, we reverse in part and recommit in part.

¹ General Laws c. 152, § 13A(10), states in pertinent part:

In any instance in which an attorney’s fee under subsection (1) to (6), inclusive, is due as a result of a cash award being made to the employee either voluntarily, or pursuant to an order or decision, the insurer may reduce the amount payable to the employee within the first month from the date of the voluntary payment[,] order or decision, by the amount owed the claimant’s attorney; provided, however, that the amount paid to the employee shall not be reduced to a sum less than seventy-eight percent of what the employee would have received within that month if no attorney’s fee were payable.

Amended by St. 1991, c. 398, § 35.