Decision  Clarence S. Rowley, III v. Allston Supply Company, Inc.

Date:	04/12/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 032235-08
Location:	Boston

• Employee: Clarence S. Rowley, III
• Insurer: A.I.M. Mutual Insurance Company
• Respondent: Workers' Compensation Trust Fund

COSTIGAN, J. The Workers' Compensation Trust Fund (Trust Fund) appeals from the administrative judge's decision ordering it to reimburse the insurer, pursuant to G. L. c. 152, § 37,¹ certain § 30 medical benefits. The Trust Fund argues that the award ran afoul of the two-year statute of limitations added to the § 37 by St. 1991, c. 398, § 71. We agree, and reverse that aspect of the decision.

¹ The statute, which governs the so-called "Second Injury Fund," provides, in pertinent part:

Insurers making payments under this section shall be reimbursed by the state treasurer from the fund created by section sixty-five in an amount not to exceed seventy-five percent of all compensation due under sections thirty-one, thirty-two, thirty-three, thirty-four A, thirty-six A, and, where benefits are due under any such sections, section thirty; provided . . . that no reimbursement shall be made for any amounts paid during the first one hundred and four weeks from the onset of disability or death . . . whether paid under an agreement, decision, or lump sum settlement. Any petition for reimbursement under this section shall be filed no later than two years from the date on which the benefit payment for which the reimbursement request is being filed was made.