Massachusetts Appeals Court February 21, 2001, No. 99-P-411 (Cruz's Case)

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

*27The employee sustained an injury to his back on November 6, 1989, and received total incapacity compensation under G. L. c. 152, § 34.