|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 024362-05|
- Employee: Steven Mike
- Employer: Zebra Striping & Sealcoat
- Insurer: Travelers Insurance Company
COSTIGAN, J. Finding that the employee failed in his burden of proof, the administrative judge denied his claim for § 13A costs related to the insurer's voluntary payment of the employee's claim for § 36 loss of function and disfigurement benefits. The judge also found the law firm of Ellis & Associates brought and prosecuted the claim without reasonable grounds, and sua sponte, pursuant to § 14(1),1 ordered the firm to pay to the insurer the cost of the proceedings. We have the employee's appeal. We agree the award of § 14(1) penalties against the employee's attorneys was error, but otherwise affirm the judge's decision.