Section 37A Insurers may request reimbursement from the Trust Fund when there is a second injury AND every element of MGL c. 152 § 37A has been satisfied.
The Insurer must prove:
- The employee is a U.S. war veteran.
- Has a disability as a result of his/her military service.
- Has been certified as such by the United States Veterans Administration.
- Who in the course of and arising out of his/her employment, receives a work-related injury which is compensable under MGL c. 152;
- Which is aggravated or prolonged by such disability;
- For which he/she is receiving compensation from said Veteran's Administration. A mere ratings decision is not enough to establish this element.