The employee was entitled to enforcement of the order, and his claim for costs and attorney's fees should have been allowed. Ramalhete v. Uni-Royal, Inc., 4 Mass. App. Ct. 597, 599-600 (1976). Compare Rival's Case, 383 Mass. 172 (1981), dealing with the award of costs and counsel fees pursuant to § 11A on an appeal from a decision of the board rather than an order of a single member.
The assessment of such costs is a matter for the board. Compare Lambert's Case, 325 Mass. 516, 519 (1950); Ramalhete v. Uni-Royal, Inc., 4 Mass. App. Ct. 597, 600 (1976). Paragraph 7 of the judgment (the award of costs) is vacated, and the balance of the judgment is affirmed.
That is not the situation here. In Ramalhete v. Uni-Royal, Inc., 4 Mass. App. Ct. 597 (1976), no party raised the issue that the appeal was premature, and that question was not passed upon by the court. Appeal dismissed.
The applicability of G.L.c. 221, § 50, to workers' compensation cases has not been decided. See Ramalhete v. Uni-Royal, Inc., 4 Mass. App. Ct. 597, 599 (1976). See also L. Locke, Workmen's Compensation, § 634 (2d ed. 1981).
The claim of the plaintiffs. if, as the report suggests, approved by the Division, is summarily enforceable in the Superior Court pursuant to G.L.c. 152, § 11. See Ramalhete v. Uni-Royal, Inc., 4 Mass. App. Ct. 597 (1976). Finally, the plaintiff also argues the trustee may not now be heard to complain that it is not chargeable upon its answer of funds by reasons of its inaction in connection with the original attachment.