Lucas v. E.A. Buschmann, Inc.

DANA, Justice.

E.A. Buschmann, Inc., appeals from decisions of the Workers’ Compensation Board awarding attorney fees to its employee, Paul Lucas, and penalizing Buschmann for its failure to pay the fees awarded during the pen-dency of an appeal from that order. We conclude that the failure to pay the attorney fee award was not a failure to pay “compensation” pursuant to 39 M.R.S.A. § 104-A. The Board was not authorized to award a penalty for the employer’s failure to pay attorney fees during the pendency of the appeal or to award counsel fees to the employee for the penalty proceeding. We…