Cruz's Case

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. On December 4, 1991, the insurer filed Form 108 of the Department of Industrial Accidents (department), a form entitled “Insurer’s Request for Reduction, Suspension or Discontinuance of Compensation.” As the factual basis for its request, the…