Decision  Denise K. Mehigan Pouliot v. E.W. Audet and Sons, Inc.

Date:	08/22/2022
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 034853-03
Location:	Boston

• Employee: Denise K. Mehigan Pouliot
• Employer: E.W. Audet and Sons, Inc.
• Petitioner: Massachusetts Insurers Insolvency Fund

CALLIOTTE, J.  The Massachusetts Insurers Insolvency Fund (MIIF) appeals from a decision denying its request to substitute Genesis Insurance Company as the party liable to pay the employee’s benefits.  For the following reasons, we vacate the decision and recommit the case for the creation of an adequate record for appellate review, and further findings of fact and rulings of law consistent with this opinion.

¹  We note that, although Genesis participated in the conference, the hearing and the appeal, the decision does not contain a formal ruling on MIIF’s “Motion to Join a Necessary Party.”  (Exh. A for Identification.)  On recommittal, the judge needs to address the motion.  However, for ease of reference we refer to MIIF and Genesis as “the parties” as they do in their “Joint Stipulation of Facts and Exhibits.” (Exh. B for Identification).