Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 12A (2026)

Award of costs and attorney's fees

✓ current as of July 2026

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Section 12A. If on appeal to the appeals court or the supreme judicial court pursuant to section twelve the claimant prevails, the court shall allow the claimant, in addition to the award in the judgement, an amount equal to the reasonable cost of his attorney's fees, briefs and other necessary expenses that result from the appeal. When any party in interest obtains an enforcement order from the superior court department of the trial court pursuant to said section twelve, the court shall also allow the party the reasonable cost of attorney's fees, briefs and other expenses provided for by this section.

Notes of Decisions

Cited in 19 cases, 1980–2020 · leading case: Daly's Case, 537 N.E.2d 1224 (Mass. 1989).

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Daly's Case, 537 N.E.2d 1224 (Mass. 1989). · cites it 3× “152, § 2A, and hence can only apply to cases in which the injury occurred on or after the effective date of the act. Travelers also argues that the Legislature could not have intended to award attorney’s fees to an attorney seeking his own fee, where the employee-client has no…”

Alves's Case, 884 N.E.2d 468 (Mass. 2008). “Pursuant to G. L. c. 152, § 12A, the insurers request reasonable costs for “attorney’s fees, briefs, and other necessary expenses” in connection with this appeal.”

Home Depot v. Kardas, 958 N.E.2d 531 (Mass. App. Ct. 2011). “In light of the above, Kardas is also correct that Home Depot was not entitled to attorney’s fees and costs pursuant to G.”

Walker's Case, 819 N.E.2d 595 (Mass. 2004). “See G. L. c. 152, § 12A. We reverse the decision of the board and remand the case for further proceedings consistent with this opinion.”

Wadsworth's Case, 963 N.E.2d 1181 (Mass. 2012). “Because the employee has prevailed on his claim for the recalculation of § 34A benefits under § 35B, we order the insurer to pay the employee’s reasonable attorney’s fees and expenses resulting from the appeal from the board decision pursuant to G. L. c. 152, § 12A, and Fabre v.…”

Walker's Case, 901 N.E.2d 1227 (Mass. 2009). “G. L. c. 152, § 12A. 3. Conclusion. The decision of the board of November 30, 2006, is affirmed.”

Pospisil's Case, 525 N.E.2d 646 (Mass. 1988). “Costs to the employee are to be determined by a single justice of this court under G. L. c. 152, § 12A (1986 ed.). So ordered.”

Donovan Case, 791 N.E.2d 388 (Mass. App. Ct. 2003). “Donovan’s estate is awarded reasonable costs and fees pursuant to G. L. c. 152, § 12A. So ordered. The recited background is based upon the stipulation of the parties, elements of which are quoted, and uncontroverted explanatory matters.”

Georgilas's Case, 408 N.E.2d 892 (Mass. App. Ct. 1980). · cites it 2× “83, under G. L. c. 152, § 12A. Although the record before us does not reveal the time spent by the attorney on this matter, we will not disturb the single member’s finding that the amount awarded was “reasonable for attorney’s fees in the instant case.”

Corbosiero's Case, 417 N.E.2d 1229 (Mass. App. Ct. 1981). · cites it 2× “Given the nature of this hearing, as one primarily concerning the continuance of compensation, reasonable costs under G. L. c. 152, § 12A, as appearing in St. 1972, c.”

Bernardo's Case, 506 N.E.2d 157 (Mass. App. Ct. 1987). “Costs to the employee are to be determined by a single justice of this court under G. L. c. 152, § 12A, as appearing in St. 1985, c.”

Associated Indus. of Massachusetts Mut. Ins. v. Hough, 998 N.E.2d 789 (Mass. App. Ct. 2013). · cites it 2× “” The other fee-shifting section cited by Hough, G. L. c. 152, § 12A, is plainly inapplicable.”

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