Decision  Aldo Lavinio v. Transport Exchange

Date:	12/21/2001
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 014809-99
Location:	Boston

• Employee: Aldo Lavinio
• Employer: Transport Exchange
• Insurer: Cigna Insurance Cos., and Workers’ Compensation Trust Fund

WILSON, J. The insurer appeals from a decision of an administrative judge denying its § 37 reimbursement petition against the Workers’ Compensation Trust Fund ("Trust Fund") , on the basis that the underlying claim was settled by way of a § 48 lump sum agreement, prior to an adjudication of § 34A liability or payment of § 34A benefits. After the decision was filed, the reviewing board published its opinion in Cosgrove v. Penacook Place, 15 Mass. Workers’ Comp. Rep. 166 (2001), which reversed a hearing decision denying § 37 reimbursement on the same basis, and recommitted the case for the judge to assess the reasonableness of the insurer’s settlement of the claim for future § 34A and inchoate right exposure and the appropriate amount of § 37 reimbursement therefor. Id. at 172-174. Following Cosgrove, we reverse the decision and recommit the case for the applicable analysis, so long as the petition is otherwise sound.¹

¹ The Trust Fund stipulated to none of the first paragraph elements comprising a prima facie valid § 37 petition. (Dec. 4.) See Cosgrove, supra at 171. The judge on recommittal must, of course, make findings on these elements.