| Date: | 07/24/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 03339-91 |
| Location: | Boston |
- Employee: Timothy Payton
- Employer: Foster Forbes Glass Co.
- Insurer: Home Indemnity Insurance
MAZE-ROTHSTEIN, J. This matter is again before us. In Payton v. Foster Forbes Glass Co., 11 Mass. Workers’ Comp. Rep. 627 (1997), on appeal by the employee acting pro se, we recommitted the case for a specific finding on the extent of the employee’s incapacity after February 7, 1992. The hearing decision following recommittal awarded a closed period of G.L c. 152, § 34, temporary total incapacity benefits, but did not award a fee to the attorney who represented the employee at the original hearing. That attorney now appeals the decision after recommittal arguing that he is owed a hearing fee. For reasons that follow, we agree.