Decision  Terri Pallis v. Armstrong Ambulance Service, Inc.

Date:	06/10/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 031558-05
Location:	Boston

• Employee: Terri Pallis
• Employer: Armstrong Ambulance Service, Inc.
• Insurer: Arrow Mutual Liability Insurance Co.

FABRICANT, J. The employee appeals from a decision denying and dismissing her claim for further loss of function benefits pursuant to § 36. The employee also argues that a § 13A(5) fee was due because the insurer failed to withdraw its cross-appeal of the § 10A conference order within five days of the original date set for the hearing.¹ We summarily affirm the decision with respect to the employee's claim for further § 36 benefits, and, for the reasons discussed below, find that no fee is due pursuant to § 13A(5).

¹ General Laws c. 152, § 13A(5), provides, in pertinent part:

Whenever an insurer files a complaint or contests a claim for benefits and then . . . accepts the employee's claim or withdraws its own complaint within five days of the date set for a hearing pursuant to section eleven . . . the insurer shall pay a fee to the employee's attorney. . . .