Massachusetts Appeals Court November 19, 2013, No. 12-P-1927 (Associated Industries of Massachusetts Mutual Insurance v. Hough)

Milkey, J.

Pursuant to G. L. c. 152, § 11D(3), an insurer brought an action in Superior Court against Shawn Hough, seeking to recoup excess workers’ compensation benefits it had paid to him. Hough successfully defended against that action, and the sole question raised by this appeal is whether he is thereby entitled to attorney’s fees.