Nos. 029333-01, 008905-08.Commonwealth of Massachusetts Department of Industrial Accidents.
July 19, 2011.
REVIEWING BOARD DECISION
(Judges Fabricant, Horan and Levine)
The case was heard by Administrative Judge Bean.
APPEARANCES
Daniel P. Napolitano, Esq., for the employee
John J. Canniff, III, Esq., for the self insurance group
Paul M. Moretti, Esq., for the self-insurer on appeal[1]
FABRICANT, J.
In Holden v. Town of Wilmington., 25 Mass. Workers’ Comp. Rep. ___ (May 20, 2011), we held that the self-insurer was denied its right to representation and not properly joined to the case. We vacated the decision and recommitted the case for a hearing de novo before a different administrative judge. We further found that Attorney Canniff violated § 14(2) and we retained jurisdiction of the case for the sole purpose of determining the “whole costs of the proceedings and attorneys’ fees” to be assessed pursuant to § 14(2). Id. See Packard v. Swix Sport USA,Inc., 23 Mass. Worker’s Comp. Rep. 5 (2009); Ferreira v.Forrest Homes of Mass., 22 Mass. Worker’s Comp. Rep. 203 (2008).
We requested that within twenty-one days of the filing date of our decision in Holden, supra, counsel for the self-insurer and counsel for the employee submit to this board, and serve upon Attorney Canniff, affidavits of fees and costs associated with all post-conference proceedings. Attorney Canniff was granted
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fourteen days from the date of receipt of said affidavits to challenge the amount of the asserted costs and fees.
On June 9, 2011, separate submissions were filed by counsel for the employee and counsel for the self-insurer, each containing affidavits and a record of the time spent on post conference matters. On June 17, 2011, counsel for Attorney Canniff filed a written response stating that, “Attorney Canniff’s review of the affidavits indicates that the submissions are reasonable, and thus, [he] will not dispute or second guess the numerical calculations.”
Accordingly, pursuant to § 14 (2), we award the following amounts to be paid by Attorney Canniff:
1. To the Employee: $7,040.00.
2. To the self-insurer: $16,880.39
So ordered.
________________________ Bernard W. Fabricant Administrative Law Judge
________________________ Mark D. Horan Administrative Law Judge
________________________ Frederick E. Levine Administrative Law Judge
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