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Decision Daniel Panu, et al v. Home Insurance Comp. in liquidation and Workers' Compensation Trust Fund

Date: 01/24/2014
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 46365-90, 7410-72, 38502-91, + 10 more
Location: Boston
  • Employee: Daniel Panu, Ralph Belleville, Alfred Berwick, Clarence Bouchard, Kevin Fitzgerald, Edwin Murphy, Francis L. Murphy, Francis L. LaPierre, Francis L. LaPierre, Douglas White, Mary Williams
  • Employer: Chrysler Motors Corp., First National Stores, Mount Ida College, N.E. Sand and Gravel, Modual Components, RSR Realty, Frank E. Murphy, Williams Distrib. Corp, BH Cutler Roofing Co., Pinkertons, Inc., RIS Paper Co.
  • Insurer: Home Insurance Comp. in liquidation and Workers' Compensation Trust Fund

HARPIN, J. Home Insurance Company in Liquidation (Home) appeals from a decision finding that it did not have standing to bring an action against the Workers’ Compensation Trust Fund (WCTF) for reimbursement of COLA payments made to the named employees. We affirm the ultimate finding that Home lacked standing to bring this case, but only as to claims for reimbursement of COLA benefits paid after Home ceased reporting the assessment base amount, ceased collecting assessments from employers, and ceased paying those funds to the department. We reverse the finding that Home was entitled to receive reimbursement from the WCTF for COLA payments made prior to June 13, 2003, and affirm that part of the decision denying reimbursement for COLA payments made by the Massachusetts Insurers Insolvency Fund (MIIF) to the named employees after June 13, 2003. Finally, we recommit the case to the judge for further findings on when Home stopped reporting to, and collecting assessments for, the department, and for findings on whether COLA reimbursements are due Home for the period prior to that date, and, if necessary, in what amount.

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