ALLIY v. TRAVELERS INSURANCE CO.

No. 94-P-1957.

39 Mass. App. Ct. 688 (1996)

FRANK ALLIY vs. TRAVELERS INSURANCE COMPANY.

Appeals Court of Massachusetts, Suffolk.

January 24, 1996.


Attorney(s) appearing for the Case

Robert J. Marquis for the employee.

Lisa M. Carmody for the insurer.

Present: PERRETTA, KASS, & SMITH, JJ.


KASS, J.

An injured employee's lawyer did the following to recover an underpayment of $65.56 in his client's disability benefits under G.L.c. 152, § 34, as appearing in St. 1985, c. 572, § 42: 1) he filed a claim for the unpaid benefits on a form available from the Department of Industrial Accidents (DIA); 2) he assigned a man in his office, who was not a member of the bar (we shall refer to him as a lay advocate), to discuss with the insurer the basis of...

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