Gross v. Great Atlantic & Pacific Tea Co.

Plaintiff Adolph Gross appeals by leave granted from a July 21, 1977, Workmen’s Compensation Appeal Board order which reversed a hearing referee decision awarding plaintiff $425 in expert witness fees and $400 in actual attorney fees. The referee awarded the fees when he denied defendant’s petition to stop compensation and its alternative petition to divert benefits.

Plaintiff suffered a back injury on July 13, 1968, while lifting heavy pieces of meat in the course of his employment. Thereafter, plaintiff petitioned for and received worker’s compensation benefits. But on October 17, 1974,…