Decision  Gelsomina Malacaria v. Polaroid Corporation, Inc.

Date:	08/26/2016
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 005950-87, 000205-14
Location:	Boston

• Employee: Gelsomina Malarcaria
• Employer: Polaroid Corporation, Inc.
• Insurer: Polaroid Corporation, Inc. (Self-Insurer), Commercial Union Ins. Co./One Beacon Ins. Co. (Reinsurer), Workers’ Compensation Trust Fund (Trust Fund)

HORAN, J. The Workers’ Compensation Trust Fund (WCTF), Commercial Union Insurance Company/One Beacon Insurance Company (Reinsurer),¹ and the employee appeal from a hearing decision ordering the WCTF to pay her ongoing § 34A and cost of living (COLA) benefits,² plus attorney’s fees and costs,³ and further ordering the reinsurer to reimburse the WCTF for the payment of her § 34A and COLA benefits. We reverse the decision, except for the award of attorney’s fees, which we modify.

¹ The decision refers to Commercial Union/One Beacon as the excess carrier. (Dec. 1.) We refer to Commercial Union/One Beacon as the reinsurer, as that term was chosen by the legislature to describe insurers providing the additional coverage contemplated by G. L. c. 152,§ 25A(2)(c).

² See General Laws c. 152, § 34B.

³ See General Laws c. 152, § 13A.