Decision Darren Lachance v. Convertible Castle Inc./Casieri Trucking

Date: 05/31/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 056030-00, 057558-00, 055794-00
Location: Boston
  • Employee: Darren Lachance
  • Employer: Convertible Castle Inc./Casieri Trucking
  • Insurer: Eastern Casualty Ins., Liberty Mutual Ins., Workers' Compensation Trust Fund

CARROLL, J. On October 10, 2000, Mr. Lachance was working for Casieri Trucking (Casieri), delivering furniture when he injured his low back. (Dec. 5-6). Casieri was insured for workers' compensation by Liberty Mutual under an assigned risk policy, but Liberty Mutual claimed that they had effectuated a non-renewal of the policy in question, (Dec. 10-11), by sending correspondence to the insured that the policy would terminate on April 2, 2000, if a premium of $1,848 .00 was not received by the insurer. Liberty Mutual agrees that the letters were not sent certified. (Liberty Mutual Br. 3.) The administrative judge found that Casieri was uninsured at the time Mr. Lachance suffered his industrial injury on October 10, 2000, and, therefore, the Workers' Compensation Trust Fund was liable for the payment of any benefits due. (Dec. 11.) It is from this award the Trust Fund appeals.

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