| Date: | 04/25/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 015588-97, 030262-97 |
| Location: | Boston |
- Employee: Carmelo Melendez
- Employer: Gibraltar Associates, Inc
- Insurer: Liberty Mutual Insurance Co., Workers' Compensation trust Fund
MAZE-ROTHSTEIN, J. The Workers’ Compensation Trust Fund appeals from a decision that ordered it to pay benefits to an employee of an uninsured putative employer, Gibraltar Limited Partnership. The Trust Fund argues that the judge should have held Liberty Mutual, insurer for a related entity, Gibraltar Associates, Inc., liable as the real employer. The threshold question, according to the administrative judge, was which of these two entities was the employer. Because the Gibraltar Limited Partnership never came into being, G. L. c. 109, and because the decision lacks findings with respect to the identity of the employer when the employee started this job in June 1995, we reverse and recommit for further findings.