Decision

Decision  David Roberts v. Builder's Plus and Vertec Corporation (general contractor)

Date: 12/05/2001
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 40951-98, 52842-98, 53347-98
Location: Boston
  • Employee: David Roberts
  • Employer: Builder's Plus and Vertec Corporation (general contractor)
  • Insurer: Eastern Casualty Insurance Co., Travelers/Charter Oak Fire Insurance Co., Workers’ Compensation Trust Fund

MAZE-ROTHSTEIN, J. Eastern Casualty Insurance Company ("the insurer") appeals from a decision that held it liable for the payment of workers’ compensation benefits for an industrial accident, which occurred after it alleged it had cancelled its coverage of the employer. The administrative judge found that the insurer had not properly cancelled its assigned risk policy, because it had not notified the employer of its intention to do so. G.L. c. 152, § 65B. The insurer argues on appeal that it had no obligation to notify the employer of its impending cancellation, because the employer’s premium financing company ("AMGRO"), who paid the annual premium in full, had requested cancellation. For the reasons that follow, we disagree and affirm the decision.

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