Decision

Decision  Bruce H. Davidson, Florida Medicaid (3rd Party) v. S.C. Management Corp.

Date: 03/28/2018
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 043739-89
Location: Boston
  • Third-party Claimant: Florida Medicaid
  • Insurer: National Fire Ins. Co. of Hartford/CNA Ins. Co., Workers’ Compensation Trust Fund - Intervenor

HARPIN, J. The employee and the insurer cross-appeal from a decision denying and dismissing the employee’s claim for the insurer to assume the costs of the employee’s continuing need for long-term care pursuant to § 30, ordering the insurer to reimburse the costs of obtaining a guardianship over the person and property of the employee pursuant to § 39, and an award of an attorneys fee pursuant to § 13A(5). We affirm the decision.

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Downloads   for Bruce H. Davidson, Florida Medicaid (3rd Party) v. S.C. Management Corp.

1 Administrative Law Judge Horan was on the original panel, but no longer serves at the department.

2 The third party claimant did not file a notice of appeal and did not file a brief on appeal.

3 Attorney Ellis filed a Form 114, "Notice of Change/Appearance of Counsel" on behalf of the employee the same day that he filed the employee’s Form 112 "Appeal to Reviewing Board." Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n.3 (2002)(judicial notice taken of board file). On October 2, 2015, after the appellate briefs were filed, Attorney Nicholas J. Ellis filed a Form 114, "Notice of Change/Appearance of Counsel" on behalf of the employee. Attorney James N. Ellis, Sr. has not filed Form 114 "Notice of Change/Appearance of Counsel" indicating he has been replaced and is withdrawing from representation of the employee.

4 The Workers’ Compensation Trust Fund’s brief argues solely for affirmance of the judge’s decision denying the § 30 claims of the third party claimant and employee. We do not address its arguments pertaining to the validity of the lien of the third party claimant, Florida Medicaid, or the alleged lack of standing of Xerox Recovery Service to assert the claim for reimbursement

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