Decision  Frank Stillman v. General Dynamics, Lockheed Martin, Martin Marietta

Date:	04/01/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 050694-02, 010317-04, 010319-04, 010321-04, 010322-04, 010550-04, 010568-04
Location:	Boston

• Employee: Frank Stillman
• Employer: General Dynamics, Lockheed Martin, Martin Marietta
• Insurer: Insurance Co. State of Pennsylvania, Ace American Insurance Co., American Casualty of Reading, PA, et al

FABRICANT, J. The Insurance Company of the State of Pennsylvania, (ICSP), appeals from a hearing decision which, inter alia, ordered it to reimburse to Electric Mutual Insurance Company (Electric), a non-party to the evidentiary hearing,¹ certain benefits Electric had paid to the employee for a work injury to his back which occurred on January 21, 1992.² On September 15, 2003, the employee and Electric resolved that claim by lump sum settlement under § 48, for a net amount, after attorneys' fees and costs, of $105,000, allocated, for purposes of Social Security disability benefits offset, as $88.18 per week over the employee's lifetime. (Dec. 27.)

¹ Given its absence from the litigation, Electric made no claim against any award of benefits the employee might realize. However, several of the insurers raised the issues of double recovery and/or Section 48 in defense of the employee's claim. (Dec. 4-7.)

² In mid-1995, the employee returned to work following lumbar disc surgery related to his 1992 back injury. He continued to work, "switching between full capacity and restricted capacity through January 21, 2002." (Dec. 9.) On April 28, 2004, the employee filed a number of claims alleging a back injury resulting from "aggravation of prior work injury January 21, 1992 due to cumulative stresses of work activities," seeking benefits from January 22, 2002 to date and continuing. The insurers and alleged dates of injury included Travelers of Illinois on April 1, 1995; Banker Standard Ins. Co. on December 31, 1996; Ace American Ins. Co. on September 30, 1995; Ins. Co. State of PA c/o AIG on June 30, 2000; American Casualty of Reading on June 30, 2001; and Ins. Co. State of PA c/o RSK Co. on January 21, 2002. (Dec. 12.)