| Date: | 12/20/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 24058-99 |
| Location: | Boston |
| Referenced Sources: |
James Carmilia v. General Electric Lori Cosgrove v. Penacook Place |
- Employee: Barbara Theis
- Employer: Mill Hill Nursing
- Insurer: Hartford Insurance and Workers’ Compensation Trust Fund
MAZE-ROTHSTEIN, J. The Workers’ Compensation Trust Fund ("Trust Fund") appeals from a decision that awarded the insurer G.L. c. 152, § 37, reimbursement, for benefits paid in a lump sum agreement. The Trust Fund contends that it was error to award § 37 reimbursement without allocating a portion of the lump sum settlement for § 35 partial weekly incapacity benefits. For the reasons stated in Cosgrove v. Penacock Place, 15 Mass. Workers’ Comp. Rep. 166 (2001) and Carmilia v. General Elec., 15 Mass. Workers’ Comp. Rep. ___ (May 16, 2001), we disagree. The Trust Fund also contends error in the judge’s award of interest pursuant to G.L. c. 152, § 50. We apply the doctrine of sovereign immunity and agree with the Trust Fund’s § 50 argument. We therefore reverse the decision with respect to the § 50 interest ordered and affirm as to the § 37 reimbursement award.