Decision  Charlotte V. Connor v. Automatic Rolls of New England

Date:	06/21/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 011528-91
Location:	Boston

• Employee: Charlotte V. Connor
• Employer: Automatic Rolls of New England
• Insurer: Liberty Mutual Insurance Co., Royal Insurance Co.

COSTIGAN, J. Liberty Mutual Insurance Company (Liberty Mutual) and the employee cross-appeal from an administrative judge’s hearing decision in this successive insurer case. Liberty Mutual argues that the judge erred in finding the employee’s total incapacity from and after November 2002 remained causally related to a 1991 left knee injury for which it had accepted liability. It maintains that benefits should have been awarded against the successive insurer, Royal Insurance Company (Royal). The employee argues the judge erred as a matter of law in applying, sua sponte, the provisions of G. L. c. 152, § 35B,¹ to the weekly incapacity benefits Liberty Mutual was ordered to pay.

¹ General Laws c. 152, § 35B, provides, in pertinent part:

An employee who has been receiving compensation under this chapter and who has returned to work for a period of not less than two months shall, if he is subsequently injured and receives compensation, be paid such compensation at the rate in effect at the time of the subsequent injury whether or not such subsequent injury is determined to be a recurrence of the former injury. . . .