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CRUZ'S CASE

No. 99-P-411.

51 Mass. App. Ct. 26 (2001)

LEOPOLDO CRUZ'S CASE.

Court of Appeals of Massachusetts, Suffolk.

February 21, 2001.

Attorney(s) appearing for the Case

Paul M. Moretti for the insurer.

James V. Miragliotta for the employee.

Present: LENK, DREBEN, & GILLERMAN, JJ.

DREBEN, J.

The sole question in this worker's compensation case is whether the employee was the prevailing party and hence entitled to legal fees pursuant to G. L. c. 152, § 13A(5),1 and 452 Code Mass. Regs. § 1.19(4) (1992).2

The employee sustained an injury to his back on November 6, 1989, and received total incapacity compensation under...

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